A division bench of Delhi High Court held as follows,
From Para 37 and 38,
37. From the evidence of the parties, it is evident that there was an unwarranted interference of the parents and the family members of the respondent in the matrimonial life of the appellant, as has been asserted by him. Such parental interference reached an extent of causing immense harassment to the appellant, who was even made to face multiple complaints before the different agencies. The parties are residing separately since 2001 i.e. for about 13 years, during which the appellant has been deprived of his conjugal relationship for no fault of his. It needs no reiteration that the bedrock of any matrimonial relationship is cohabitation and conjugal relationships. For a spouse to be deprived of his wife’s company proves that the marriage cannot survive, and such deprivation of conjugal relationships is an act of extreme cruelty. Such long separation with no effort by the wife to resume matrimonial relationship, is an act of cruelty as is held in the case of Samar Ghosh v. Jaya Ghosh (2007) 4 SCC 511.
38. We thus, conclude that the evidence on record proved that there is no chance of reconciliation between the parties and such long separation peppered which false allegations, Police reports and criminal trial can only be termed as mental cruelty. The marital discord between the parties has pinnacled to complete loss of faith, trust, understanding, love and affection between the parties. This dead relationship has become infested with acrimony, irreconcilable differences and protracted litigations; any insistence to continue this relationship would only be perpetuating further cruelty upon both the parties.
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