Injustice towards Indian Women.

Deserting less-earning hubby can cause trouble..?

New Delhi, Oct 3:  The Supreme Court has held that if a wife deserts her husband on the only ground that his income was less than what she earns, it will be a valid reason for the husband to claim divorce.

A bench of judges Arun Kumar and A.K. Mathur gave this ruling on Tuesday while upholding a Gujarat High Court order confirming a decree for divorce.

The bench said that total abandonment of marriage could not be justified on grounds of monetary consideration alone.

In this case, at the time of marriage in November 1992, one Geeta Jagdish Mangtani was employed as a teacher in Bhuj in Gujarat earning Rs.7,000 a month while her husband was working in Mumbai on a salary of Rs.1,400.

In June 1993, she refused to leave her job to join her husband at Mumbai. She put a condition that unless he earned at least Rs 5,000 per month, she would not join him, as his present income would not be sufficient.

A son was born to the couple in November 1993 after she had left her matrimonial home.

Her husband sought divorce on the ground of desertion and the trial court granted the divorce. On appeal, the high court confirmed this order after its efforts for a patch up failed as she insisted that her husband should earn more.

The court said that it was satisfied that both the husband and wife had no intention to live together and had decided to break off.

The present special leave petition by the wife is directed against this order.

She contended that since 'no fault divorce' was not recognised under the Hindu Marriage Act, the high court had erred in granting divorce on the ground that the marriage had broken down.

The apex court bench did not accept Geeta's argument that she had a reasonable cause for not joining her husband.

The judges pointed out that the parties knew prior to their marriage what they were earning. However, there had been no attempt by the wife to stay with her husband.

"In the facts and circumstances of the case, it cannot be said that this desertion on the part of the wife was with a reasonable cause. It amounted to wilful neglect of the husband by the wife as monetary consideration alone could not be considered as a reasonable cause to desert," the bench said and dismissed her appeal.
 
IANS