Home Legal Precedents Matrimonial & Family Law Geeta Jagdish Mangtani v. Jagdish Mangtani
Matrimonial & Family Law Division Bench | Supreme Court of India Decided on 20 September 2005

Geeta Jagdish Mangtani v. Jagdish Mangtani

(2005) 8 SCC 177
AIR 2005 SC 3508
2005 INSC 449
[2005] Supp 3 SCR 518
Civil Appeal No. 576 of 2003

Core Landmark Ratio Decidendi

The Supreme Court ruled that in a petition for divorce on the ground of desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955, the intention to permanently terminate cohabitation (animus deserendi) is conclusively established where a spouse voluntarily leaves the matrimonial home and remains separated for years without making any attempt to visit, reconcile, or fulfill marital obligations. Furthermore, where both spouses entered into the marriage with full prior knowledge of each other's financial earnings, disparity in income cannot constitute "reasonable cause" for desertion. A working spouse cannot condition matrimonial cohabitation upon the other spouse resigning employment or meeting arbitrary income benchmarks, and such refusal amounts to willful neglect and total abandonment of marriage.

Official Supreme Court Judgment PDF

Download Official PDF (14 KB)