Persistent insistence on separate residence without justifiable reason constitutes an act of cruelty, and filing of false complaints and prolonged deprivation of conjugal rights can lead to mental cruelty.

JUDGMENT (Oral)

1. By way of present appeal, appellant seeks setting aside of the impugned judgment and decree dated 18.08.2017 passed by the learned Principal Judge, Family Courts, North District, Delhi whereby the petition filed by the appellant under Section 13(1)(ia) and (ib) of Hindu Marriage Act, 1955 was dismissed while observing as under:

"79. In support of his case, however stated that since she wanted to save her matrimonial marriage, she had chosen the peaceful path of separation without bickering and she stayed at her parental home. There is nothing on record to prove that the respondent had left the company of the petitioner without any reasonable cause. There is also nothing on record as to whether the petitioner had filed any petition for Restitution of Conjugal Rights under Section 9 of Hindu Marriage Act, 1955 and the respondent had refused to stay with him. There is nothing on record to show that the petitioner has been trying to support the respondent or the minor children during the course of their separation. There is nothing on record that he is voluntarily to help the children financially and even if, the respondent has not filed any case for maintenance against the petitioner. The respondent had not filed any complaint with the hope that filing of case may spoil the future conciliation and was hopeful that they will stay together. To prove desertion as per law as I have already discussed above, the parties seeking divorce on the ground of desertion. The petitioner has failed to prove "animus deserendi" on the part of the respondent.

80 In the present petition, I have already observed that it is a case of deadlock and not desertion between the spouses. Therefore, in view of my discussion made above, the petitioner is not entitled to get the relief of dissolution of marriage with the respondent. From the evidence on record, the fault of desertion sought against the petitioner has not been proved on the ground of desertion also."

2. The appellant, being aggrieved by the dismissal of his divorce petition, has filed the present appeal.

3. The facts in brief are that the parties got married on 18.11.2000 at Prashant Vihar, Delhi according to the Hindu Rites and Ceremonies. Two children, namely, Baby Shreya Juneja and Master Swayam Juneja were born on 25.03.2002 and 27.09.2003 respectively from the said wedlock.

4. The appellant/husband has asserted various acts of cruelty against the respondent/wife, namely:

(a) That the respondent/wife is a quarrelsome lady and did not pay respect to the elders at the matrimonial home.

(b) That the respondent/wife did not do household work.

(c) That the respondent/wife wanted to lead luxurious and extravagant life and she used to spend the entire income of the appellant/husband on cosmetics and costly clothes.

(d) That the respondent/wife insulted the appellant and his family members in front of other people thereby causing humiliation to the appellant.

(e) That the respondent/wife insisted the appellant/husband to reside separately from the parents, to which the appellant did not agree.

(f) That the respondent/wife frequently went to her matrimonial home and refused to return.

5. Only after much cajoling and request, out of court settlement reached between the parties and she joined the matrimonial home, but she did not mend her ways. She left her matrimonial home on 20.07.2007 and failed to join back the matrimonial home. It was claimed by the appellant that he was subjected to cruelty and the respondent/wife deserted him. The marriage has completely broken down and there was no chance of reconciliation and he sought grant of divorce under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955.

6. The petition was contested by the respondent who submitted in her Written Statement that she faced extreme hardship and was subjected to torture by the appellant and his family members since the day of her marriage and she finally left the matrimonial home on 20.07.2007. The re