FACTS- The appellant/petitioner, who was a qualified MBBS Doctor, got married to the respondent, who was also an MBBS Doctor, on 22.02.1992, according to the Hindu Customs and Rites. They were blessed with one daughter on 09.05.1994 and one son on 11.12.2002. The life story of the appellant/petitioner and the respondent, spans over about 19 years when they eventually separated on 10.06.2011. The appellant/petitioner had claimed that the respondent possessed an intemperate and volatile nature, who inflicted a vast panoply of cruelties upon the appellant/petitioner and deserted him on at least seven occasions. This fact is not denied by the respondent though she had her own explanation for each occasion, when she left the matrimonial home.

ISSUE- Whether Leaving Matrimonial Home From Time To Time Without Husband's Fault Is Mental Cruelty?

OBSERVATION- The learned Family Juge, took each incident separately and minutely analysed them to conclude that the petitioner/appellant failed to prove the allegations as made in the petition Thus, he concluded that there was no cruelty committed by the

respondent and that the respondent was not responsible for desertion and it is rather the petitioner/appellant whose conduct shows reasonable cause for the respondent to have left the matrimonial home. The Divorce petition was accordingly, dismissed.

Aggrieved, by the denial of Divorce, the petitioner/appellant has filed the present Appeal.

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. Court concluded that the learned Family Judge, fell in error in dismissing the Divorce Petition. It also 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 set aside the impugned judgment dated 11.04.2022 and allow the divorce on the ground of cruelty and desertion, under Section 13 (1) (ia) and 13 (1) (i-b) of the Hindu Marriage Act, 1955. 66. The appeal is accordingly allowed. Pending application(s) also stands disposed of.