The Lucknow bench of the Allahabad High Court has granted a divorce to a man whose wife deserted him over a decade ago. The High Court, considering the facts, circumstances, and evidence, determined that the case established grounds for cruelty and desertion by the wife.

The court also dissolved the marriage, which had been solemnized on April 14, 2012.

A division bench comprising Justices Rajan Roy and Subhash Vidyarthi delivered the judgment on August 30, 2024, in response to the man's appeal. He had challenged a decision by the Hardoi district family court, which had dismissed his divorce suit.

The appellant argued that his wife had abandoned him more than ten years ago and was unresponsive in the court proceedings. Given these circumstances, he requested the court to grant him a divorce.

The Court said, “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 observed, “the respondent had left the appellant’s house on 09.05.2014 & 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 & which indicates that the respondent has abandoned the relationship between herself & the appellant & an animus deserendi on her part, which is sufficient to constitute desertion".

The Court stated that the facts were sufficient to justify granting a divorce in favor of the plaintiff. "The family court erred in dismissing the plaintiff's suit for divorce," the judgment added.