Delhi High Court Affirms Divorce on Grounds of Desertion in Mamta Das v. Puneet Das Case
Court dismisses appeal against Family Court judgment, upholds dissolution of marriage under Section 10(1)(ix) of the Divorce Act, 1869
In a significant ruling, the Delhi High Court has dismissed the appeal filed by Mamta Das challenging the divorce decree granted by the Family Court on the grounds of desertion, thereby affirming the dissolution of her marriage with Puneet Das under Section 10(1)(ix) of the Divorce Act, 1869. The judgment was delivered by a Division Bench comprising Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar on September 22, 2025.
The case, originating from a matrimonial dispute where Mamta Das alleged constructive desertion due to ill-treatment by her in-laws, was initially decided in favor of Puneet Das by the Family Court at Tis Hazari, Delhi. The Family Court had granted divorce to Puneet Das based on the evidence of continuous separation since December 2011 and the demonstrated intention of Mamta Das to permanently abandon cohabitation, fulfilling the statutory requirements of desertion under the Divorce Act.
During the appeal, Mamta Das contended that her departure from the matrimonial home was not voluntary but prompted by persistent hostility and humiliation from her in-laws, with her husband remaining indifferent. However, the High Court found her allegations unsubstantiated due to the lack of corroborative evidence such as complaints or records against her in-laws or husband.
The High Court scrutinized the evidence, which included numerous emails and chats exchanged between the parties, and concluded that they did not demonstrate any intention from Mamta Das to resume cohabitation. The court emphasized that desertion requires both the factum of separation and the animus deserendi, both of which were established beyond reasonable doubt by Puneet Das.
The bench also noted that Mamta Das's decision to relocate to Doha, Qatar, for employment without informing Puneet Das, further indicated her intention to permanently abandon the marital relationship. Additionally, her failure to pursue reconciliation efforts or file for restitution of conjugal rights until Puneet Das initiated divorce proceedings weakened her case.
The court dismissed the appeal, affirming the Family Court’s judgment and decree of divorce, and found no merit in examining the respondent's subsequent remarriage during the pendency of the appeal, as a separate petition on the matter is already filed in Bengaluru, Karnataka.
The judgment underscores the importance of proving desertion with credible evidence and the necessity for both the factum of separation and intention to end cohabitation to coexist for a successful divorce plea on grounds of desertion.
Bottom Line:
Desertion under Section 10(1)(ix) of the Divorce Act, 1869 - Essential elements of desertion include the factum of separation and animus deserendi - Both elements must coexist and be proved beyond reasonable doubt - Constructive desertion must be substantiated by credible evidence, which was found lacking in this case.
Statutory provision(s): Divorce Act, 1869 Section 10(1)(ix), Section 19 of the Family Courts Act, 1984, Special Marriage Act, 1954
Mamta Das v. Puneet Das, (Delhi)(DB) : Law Finder Doc Id # 2783250
