Desertion Proved, Divorce Granted, And The Wife's Pension Rights Kept Safe
A wife left her marital home more than thirty years ago and never came back. After two rounds in the family court, the Gujarat High Court has granted the husband a divorce, and raised her alimony.
The Court held the wife's decision to live separately was without reasonable cause and her reasons were not satisfactory, so desertion was established and the Family Court erred. Divorce was granted. Alimony was raised from Rs 12,000 to Rs 20,000 a month, and on the husband's undertaking she remains sole nominee for his pension and retiral benefits.
- Leaving without reasonable cause is desertion, however long ago it began.
- Cruelty was not proved; the husband gave up that ground.
- Alimony went up to Rs 20,000 a month, paid straight into her account.
- She stays his pension nominee despite the divorce, on his undertaking.
- Court
- High Court of Gujarat at Ahmedabad
- Bench
- Justice HONOURABLE MR. JUSTICE ILESH J. VORA, Justice HONOURABLE MR. JUSTICE R. T. VACHHANI
- Citation
- First Appeal No. 1535 of 2015
- Case
- First Appeal No. 1535 of 2015
- Decided
- 10 September 2026
- Outcome
- Appeal partly allowed; divorce on desertion with enhanced permanent alimony
A marriage that ended long ago
The couple married in Ahmedabad in 1989 and have two sons. The husband said that in August 1992 the wife left to attend her brother's birthday and never returned.
He sued for divorce on cruelty and desertion. A divorce granted in 2007 was set aside on the wife's appeal and the case sent back; in 2015 the Family Court dismissed the suit, holding cruelty unproved and that he had not shown willingness to bring her back.
Why the High Court granted divorce
The husband pressed only desertion. The wife's counsel accepted that the couple had not lived together since 1992 and, given their ages, left the plea of divorce to the Court subject to higher alimony and her being kept as pension nominee.
On the evidence, the Division Bench found her decision to separate was without reasonable cause, and the reasons she gave were not satisfactory to show the husband had created an atmosphere forcing her out. The Family Court's finding against desertion was not borne out by the evidence.
Desertion was established and the marriage dissolved under Section 13(1)(ib).
Alimony and pension
The husband draws a pension of about Rs 45,000 a month, while the wife has no independent means. With his consent, permanent alimony was raised from Rs 12,000 to Rs 20,000 a month, to be deposited directly into her bank account.
He also agreed she will remain sole nominee in his service records and that, despite the divorce, she will be entitled to pension and other retiral benefits.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
Can divorce be granted for desertion after decades of separation?
Yes, where leaving was without reasonable cause, as the Court found here.
Can a divorced wife stay the nominee for pension?
Here the husband undertook that she would, and the Court recorded it.
In a long-running desertion case
- Show when and how the separation began, and any attempts to reunite.
- Address the reasons the other spouse gives for leaving.
- Put income and pension details on record for alimony.
- Settle nominee and retiral-benefit questions in the decree itself.
Source. High Court of Gujarat at Ahmedabad, First Appeal No. 1535 of 2015, decided 10 September 2026 by Justice HONOURABLE MR. JUSTICE ILESH J. VORA, Justice HONOURABLE MR. JUSTICE R. T. VACHHANI. This explainer is written from the judgment text as reported.
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