Samar Ghosh vs Jaya Ghosh on 26 March, 2007
6. The question is whether the allegation of mental
cruelty and desertion had been proved in the case. As far as
the mental cruelty is concerned, it is settled law and as held by
the Apex Court in Samar Ghosh v. Jaya Ghosh (2007(4)
Mat.Appeal.No.191 OF 2012 5
SCC 511) that long separation itself amounts to mental
cruelty. This is a case in which the parties lived together only
for a very short period, if we take into account the number of
days they lived together right from the date of marriage itself.
Therefore, there is no love or affection between them and they
have their own differences. That apart, the wife was residing
at the parental house since 8.1.2001. But according to her she
was working as a teacher near the school and therefore she
was residing in the said house. But still it could be seen that
the parties could not have a conciliation regarding their
matrimonial issues. The respondent does not have case that
she used to visit her husband during holidays. Taking into
account all these facts, this is a clear case in which the parties
remain at loggerheads and the wife had been remaining
separate without sufficient reason for a period more than two
years. In order to prove desertion, of course, the court will
have to consider whether there is any specific reason for the
wife to remain away from the matrimonial home. Of course,
there is some explanation, but still as the parties have not
contacted each other for a considerably long period at least
from 2009, it is only appropriate that the marriage be dissolved
on the ground of desertion.