Wife Leaving Matrimonial Home From Time To Time Without Husband's Fault Is Mental Cruelty: Delhi High Court

The Delhi High Court has said that the wife leaving the matrimonial home from time to time without any fault of the husband is an act of mental cruelty.

A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna granted divorce to a husband on the ground of cruelty and desertion by the wife under Section 13 (1) (i- a) and 13 (1) (i-b) of the Hindu Marriage Act, 1955.

“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 (husband). Such withdrawal by the respondent from time to time, are acts of mental cruelty to which the appellant was subjected, without any reason or justification,” the court said.

The bench observed that marriage blooms on the fertile soil of mutual support, devotion and allegiance but repeated acts of separation, akin to a relentless storm, only uproot its foundation and threaten the sanctity of the union.

“Amidst the tempest of distance and abandonment, this bond breaks beyond repair, leaving behind irreparable scars on the landscape of trust and commitment,” the court said.

The couple got married in 1992 and had a boy and a girl. The family court had rejected the husband's petition for divorce.

He claimed that the wife possessed an intemperate and volatile nature, inflicted a vast panoply of cruelties upon him and finally deserted him on at least seven occasions, including in 2011.

Allowing the husband's appeal, the bench said that there was no act of cruelty on his part and rather the entire evidence showed that the wife was dissatisfied, unhappy with the conduct of her mother which made her so unhappy in the matrimonial home that she felt lack of space, control and respect.

“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 of being spent together. It's a case of mental agony to the appellant entitling him to a divorce, on the ground of cruelty under S. 13(1)(ia) of the Act,” the court said.

It added that no serious conciliatory efforts were made by the wife to return to matrimonial home and that efforts were made by the husband through family friends and relatives, but admittedly did not succeed.

“It is, therefore, proved that the respondent has deserted the appellant without any reasonable cause and is entitled to divorce, on the ground of desertion,” the bench said.

Counsel for Appellant: Ms. Geeta Luthra, Senior Advocate along with Ms. Kamakshi Gupta and Mr. Manas Agrawal, Advocates

Counsel for Respondent: Ms. Reena Jain Malhotra, Advocate

Title: X v. Y

Citation: 2024 LiveLaw (Del) 408

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