Saturday, November 21, 2015
Divorce on the ground of desertion under The Hindu Marriage Act 1955
.merits of the case of the jurisdiction of the Court. Though failure to frame a issue that arises on the basis of the pleadings of the rival parties would amount to an error being committed by the Trial Court, that by itself will not be a ground to reverse the impugned judgment. It is necessary to note here that during pendency of the proceedings, the respondent had made another prayer seeking grant of divorce on the ground of desertion. Such prayer was trial permitted to be added. The parties thereafter went to and contested the proceedings. While the respondent led evidence for grant of divorce, the appellant led evidence to demonstrate that the respondent was not entitled for said relief. Therefore, the prayer for divorce was, in fact, contested as being the main relief sought in said proceedings. Further, assuming that the issue pertaining to claim for restitution of conjugal rights was framed and answered against the respondent, the same would not have resulted in dismissal of petition in view of the other prayer in the proceedings. Similarly, the nature of evidence for seeking the relief of restitution of conjugal rights and for seekingdivorce on the ground of desertion would naturally be of a distinct nature.