Delhi High Court Upholds Divorce on Grounds of Cruelty and Desertion

New Delhi, December 14, 2023 — In a landmark judgment, the Delhi High Court, in MAT.APP.(F.C.) 155/2023, granted divorce on the grounds of cruelty and desertion under the provisions of Section 13(1)(ia) & (ib) of the Act, 1955. The appellant, represented by advocates Aseem Bhardwaj, Rajnish Mann, and Aayush Gupta, sought to set aside the Decree and Judgment dated 02.06.2008, which dissolved the marriage with the respondent-husband. The Court found merit in the allegations of cruelty and desertion, emphasizing the importance of a fair trial.

Cruelty Allegations

The respondent-husband alleged cruel behavior from the appellant-wife since the early days of their marriage in 1995. The court observed that false dowry demands and threats constituted cruelty, impacting the mental and emotional well-being of the husband. Citing Shakuntala Kumari Vs. Om Prakash Ghai and Samar Ghosh Vs. Jaya Ghosh, the judgment highlighted the significance of a healthy marital relationship and the impact of wilful denial of conjugal rights.

Desertion Claims

The court noted that the appellant failed to prove that her leaving the matrimonial home was not intentional. Despite reconciliation efforts, including visits in 1996 and 2000, the appellant refused to return. Referring to legal precedents like Bipinchandra Jaisinghbhai Shah Vs. Prabhavati and Sanat Kumar Agarwal Vs. Nandini Agarwal, the court concluded that the appellant wilfully deserted the respondent.

divorce on grounds of cruelty and desertion

Legal Precedents and Observations

The judgment made reference to previous cases such as Mangayakarasi Vs. M. Yuvaraj and Nishi Vs. Jagdish Ram, reinforcing the legal consequences of false complaints and allegations. It emphasized that unfounded accusations, especially related to dowry demands, can constitute mental cruelty.


This verdict by the Delhi High Court sets a significant precedent, recognizing the importance of truth in matrimonial proceedings. The judgment underscores the need for a fair and just approach in divorce cases, particularly when dealing with allegations of cruelty and desertion.

Download Judgment

Click above to download this Judgment in the case titled MAT.APP.(F.C.) 155/2023. It can serve as a valuable resource for legal reference.

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