Jharkhand HC: Distance Between Workplace and Matrimonial Home Is “Compulsion,” Not Desertion
Case No: First Appeal (DB) No. 48 of 2025
By Sandhya kaika
The Jharkhand High Court has dismissed a divorce plea filed by a husband on grounds of cruelty and desertion, ruling that a wife living at her parents’ house to attend to her professional duties does not constitute “willful abandonment”.
The Case Background
The appellant (husband), Rajkumar Paul, and the respondent (wife), Mamta Kumari, married in December 2016. The husband sought a divorce under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955, alleging that the wife pressured him to live separately from his parents and eventually deserted him in March 2018.
The wife, a Government Teacher, contended that her workplace was 75 km away from her matrimonial home, making daily commuting impossible. She argued that she lived with her parents out of professional necessity but visited during holidays and regularly transferred ₹20,000–₹25,000 of her salary to her husband’s account.
Court’s Observations
A division bench of Justice Rongon Mukhopadhyay and Justice Pradeep Kumar Srivastava noted several key factors:
Compulsion vs. Desertion: The Court held that the wife’s stay at her parental home was an “act of compulsion” due to the 75 km distance to her school and limited commuting means. The respondent’s consistent financial support to the husband—whose income was a meager ₹4,000–₹5,000 per month—indicated her willingness to maintain the marital bond rather than sever it. The husband was aware of her employment status before marriage and had initially accepted it. The wife had attempted to seek a transfer to be closer to the matrimonial home and expressed a clear desire to live with her husband and in-laws.
The Verdict
The Court emphasized that “cruelty” must be “grave and weighty” and more than the “ordinary wear and tear of married life”. Finding no evidence of willful desertion or cruelty, the High Court upheld the Family Court’s decision and dismissed the husband’s appeal.
