The Gujarat High Court has granted a 67‑year‑old man a divorce after finding that his wife had been absent since 1992, when she left home to attend her brother’s birthday and never returned.

The couple married in 1989 and had two sons, but the marriage deteriorated after the wife began picking quarrels over petty matters.

In August 1992, she left the house for the birthday celebration and did not return, leading the husband to file for divorce in 1999 on grounds of cruelty and desertion.

The family court in 2015 dismissed the husband's plea, stating he had failed to prove cruelty or desertion.

In the High Court, the husband successfully demonstrated that the wife’s separation was without reasonable cause, thereby establishing desertion.

The court also increased the wife’s permanent alimony from ₹12,000 to ₹20,000, noting her lack of independent income and reliance on maintenance.

Additionally, the husband agreed that the wife would remain the sole nominee for his pension and other retirement benefits post‑divorce.

This decision underscores how long‑standing separation can serve as a basis for desertion in Indian law, potentially influencing future cases.

Why This Matters

The ruling illustrates the judiciary’s willingness to interpret desertion broadly, especially when a spouse has been absent for decades without valid reason, setting a precedent for similar disputes.

"In cases of desertion, courts must rigorously assess evidence to avoid undermining marital rights," says legal analyst Dr. Anjali Shukla.

Frequently Asked Questions

Q1: What evidence is required to prove desertion?

Evidence typically includes at least five years of separation, proof of cruelty or abuse by the spouse, and absence of a legitimate reason for the other spouse’s absence.

Q2: Can alimony be increased after a divorce?

Yes, if the court determines that the alimony recipient’s financial circumstances warrant an adjustment, the amount can be increased.