Wife repeatedly leaving matrimonial

home is an act of cruelty on husband:

Delhi HC
PTI
Published: April 05, 2024 10:40 PM IST

Representational image. IANS

Topic | India
New Delhi: The Delhi High Court has ruled that a woman repeatedly
leaving her matrimonial home, without any fault of her husband is an
act of mental cruelty.

A bench headed by Justice Suresh Kumar Kait observed that marriage

"blooms" in the "fertile soil of mutual support, devotion and allegiance",
and distance and abandonment breaks this bond beyond repair.
The court's observation came while granting divorce to an estranged
couple on the grounds of cruelty and desertion by the wife.
Seeking divorce, the man had alleged that his wife had an intemperate
and volatile nature and she had deserted him on at least seven
occasions.

Allowing the appeal challenging a family court's order refusing to grant

him the divorce, the bench, also comprising Justice Neena Bansal
Krishna, noted that during a period of about 19 years, there were seven
acts of separation, each of about three to 10 months.

It said prolonged periods of separation could lead to an irreparable

breakdown of the matrimonial bond, which constitutes mental cruelty,
and cessation or deprivation of cohabitation and conjugal relationships
is also an act of extreme cruelty.
"It is a clear case where the respondent (wife) left the matrimonial
home, from time to time, without there being any act or fault on the part
of the appellant. Such withdrawal by the respondent from time to time
are acts of mental cruelty to which the appellant (husband) was
subjected, without any reason or justification," the court said.

"We find that there is overwhelming evidence to show that it is the

respondent, who subjected the appellant to a life of uncertainty with
there being no settlement and mental peace in the matrimonial life,
despite 20 years spent together. It is a case of mental agony to the
appellant, entitling him to divorce," it added.

It further noted that the evidence showed the wife had no intention of
continuing in the matrimonial relationship as no serious conciliatory
 efforts were made by her to return to the matrimonial home.

The court, thus, held that the man was entitled to divorce on the
grounds of desertion by his wife. "We, from our above detailed
discussion, hereby conclude that the learned family judge fell in error in
dismissing the divorce petition. We hereby set aside the impugned
judgment dated 11.04.2022 and allow the divorce on the ground of
cruelty and desertion under sections 13(1)(i a) and 13(1)(ib) of the Hindu
Marriage Act, 1955," it said.

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