The Delhi High Court has said that repeatedly leaving the wife’s in-laws’ house without any fault of the husband is an act of mental cruelty. A bench headed by Justice Suresh Kumar Kait said that marital relationship flourishes in an atmosphere of mutual support, dedication and loyalty and distance and abandonment break this bond. The court’s observation came while granting divorce to a estranged couple on the grounds of cruelty and desertion by the wife.
Wife left home 7 times
Actually, the couple was married in 1992 and the family court had refused to grant divorce to the husband. The woman’s husband had sought divorce alleging that his wife had an angry and restless nature and had deserted him at least seven times. Admitting an appeal challenging a family court’s refusal to grant divorce, the bench noted that the woman had separated from her husband seven times and each had a period of three to 10 months. The bench also includes Justice Neena Bansal Krishna.
What did the High Court say?
The High Court said that living separately for a long period of time can cause irreparable damage to the marital relationship, which is mental cruelty and deprivation of marital relations is an act of extreme cruelty. The court said, “This is a clear case where the respondent (wife) left the matrimonial house from time to time, without any fault of the appellant. The respondent’s visiting her from time to time in this manner amounts to an act of mental cruelty which the appellant (husband) had to suffer without any reason or justification.” The bench said, ”This is a case of mental anguish to the appellant due to which he Is entitled to a divorce.” (Language)
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