Ann Saurabh Dutt vs. Lieutenant Colonel Saurabh Iqbal Bahadur Dutt (SC)

Hindu Marriage Act, 1956–Secs. 13(1)(ia) & (ib)–Prayer of the appellant-wife to expunge the grounds of cruelty and desertion in the decree of divorce–Respondent-husband is an Army Official, posted at remote location, and the petitioner is a qualified dentist–The endeavour on part of the appellant to choose a more secured place for bringing up her minor daughter, who suffered from a concerning medical condition could not have been taken as an act of desertion under any circumstance–If the appellant opened the dental clinic without disclosing the same to the respondent, it must have been a decision taken out a sheer compulsion, and to deter her husband from obstructing her rightful pursuit of a professional career–If she was intended to pursue her medical carrer, then the same should have been supported rather then deterring her efforts–It seems that the respondent-husband had an attitude of domineering and control, which must have been the probable cause for the appellant taking the steps for gaining independence and pursuing her carrer goals–Observation regarding cruelty and desertion are expunged and set aside.