Delhi High Court Grants Divorce on Grounds of Desertion in Landmark Judgment

New Delhi, December 20, 2023: In a groundbreaking verdict, Hon’ble Delhi High Court, in the case identified as MAT.APP.(F.C.) 252/2023, has granted divorce on the grounds of desertion. The judgment, delivered by Hon’ble Justice Suresh Kumar Kait and Hon’ble Ms. Justice Neena Bansal Krishna, comes after a prolonged legal battle between the appellant, referred to as the ‘husband,’ and the respondent, identified as the ‘wife.’


The appellant, who filed the appeal under Section 28 of the Hindu Marriage Act, 1955, sought relief from a previous judgment dismissing his divorce petition under Section 13(1)(ib) of the Act. The couple, married on May 5, 1992, faced issues of cruelty and dowry harassment, leading to the wife leaving the matrimonial home on December 18, 1996.

Allegations by the Husband

The appellant claimed that the wife, driven by a desire for luxury, frequently quarreled, and her family demanded separate accommodation and property shares. Allegations of dowry threats and cruelty were reported, leading to the wife’s departure in 1996.

Counter-Arguments by the Wife

The respondent/wife contended cruelty and harassment by the husband and his family, emphasizing dowry demands that allegedly resulted in a stillborn child. She denied desertion, expressing a willingness to continue the matrimonial relationship.

Image of a wife leaving husband and child and a judge hammer. Text overlay says "Divorce on Grounds of Desertion"

Court's Findings

Analyzing the evidence, the court concluded that the wife’s actions, including filing an FIR in 2002, indicated an intention not to return. The appellant’s reluctance after years of separation was deemed reasonable.

Key Ruling

The court set aside the previous judgment and granted divorce on the grounds of desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955.

Download Judgment

Click above to download this Judgment in the case titled MAT.APP.(F.C.) 252/2023. It can serve as a valuable resource for legal reference.

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