The Lucknow bench of the Allahabad high court has granted divorce to a man whose wife had deserted him more than 10 years ago. The court said the facts and circumstances of the case and evidence make out the grounds for cruelty and desertion by wife.
It also dissolved his marriage solemnised on April 14, 2012. A division bench of Justice Rajan Roy and Justice Subhash Vidyarthi passed the judgment on August 30, 2024 on an appeal filed by the man. He challenged the judgment of a family court of Hardoi district in which his suit for divorce was dismissed.
The appellant submitted that his wife abandoned him more than a decade ago. She was also not responding in the court proceedings. In view of the same, divorce should be granted to him, he requested court.
“The long period of continuous separation of a decade establishes that the matrimonial bond is beyond repair. The marriage between the parties has become a fiction, though supported by a legal tie. In such situation, it leads to mental cruelty,” the court said.
“The respondent had left the appellant’s house on 09.05.2014 and she did not return to live with him till date, i.e. for more than a decade. The respondent is not contesting the appeal, which shows that she has no interest in her relation with the appellant and which indicates that the respondent has abandoned the relationship between herself and the appellant and an animus deserendi on her part, which is sufficient to constitute desertion,” the court observed.
{{/usCountry}}“The respondent had left the appellant’s house on 09.05.2014 and she did not return to live with him till date, i.e. for more than a decade. The respondent is not contesting the appeal, which shows that she has no interest in her relation with the appellant and which indicates that the respondent has abandoned the relationship between herself and the appellant and an animus deserendi on her part, which is sufficient to constitute desertion,” the court observed.
{{/usCountry}}The court said the facts are sufficient for granting divorce in favour of the plaintiff. “The family court has erred in dismissing the plaintiff’s suit for grant of divorce,” it added.