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RAIPUR: If a woman gets into an extramarital relationship, it amounts to mental cruelty on the husband, said Chhattisgarh high court as it overturned a lower court order and granted divorce to a man.
“The appellant husband’s testimony and evidence presented clearly indicate that the wife committed adulterous acts, amounting to cruelty. This justifies the granting of a decree for dissolution of marriage under Section 13(1)(i-a) of the Hindu Marriage Act, 1955,” a division bench of Justice Goutam Bhaduri and Justice Radhakishan Agrawal said.
The husband had moved high court after a Raigarh family court dismissed his application for divorce on grounds of cruelty.
The husband said his wife’s behaviour suddenly changed, triggering frequent quarrels over trivial issues. On May 27, 2014, she allegedly left her matrimonial home with their three children without informing the husband or his family. He tried to locate them, but failed, and filed a missing person’s report the next day at a police station in Raigarh.
He later discovered that his wife and children were staying at a friend’s house in a village in the same district. He also alleged that on June 7, 2017, he saw her “in an adulterous act” at their home. He informed his family and police but no action was taken against the man, who allegedly threatened the husband with dire consequences.
The wife denied these allegations, and alleged that her husband was abusive and prevented her from meeting their children. She claimed that the divorce application was based on false grounds.
After examining the evidence and hearing both parties, the division bench noted that the couple had been living apart since 2017. The court highlighted the wife’s admission during cross-examination that a male friend visited her home in her husband’s absence, supporting the husband’s claims of adultery and cruelty.
Since the couple had been living separately for over six years, it indicated an irretrievable breakdown of marriage, the court noted. Citing a Supreme Court ruling, Chhattisgarh high court emphasised that prolonged separation can lead to mental cruelty, necessitating the severance of matrimonial ties, and granted divorce.
“The appellant husband’s testimony and evidence presented clearly indicate that the wife committed adulterous acts, amounting to cruelty. This justifies the granting of a decree for dissolution of marriage under Section 13(1)(i-a) of the Hindu Marriage Act, 1955,” a division bench of Justice Goutam Bhaduri and Justice Radhakishan Agrawal said.
The husband had moved high court after a Raigarh family court dismissed his application for divorce on grounds of cruelty.
The husband said his wife’s behaviour suddenly changed, triggering frequent quarrels over trivial issues. On May 27, 2014, she allegedly left her matrimonial home with their three children without informing the husband or his family. He tried to locate them, but failed, and filed a missing person’s report the next day at a police station in Raigarh.
He later discovered that his wife and children were staying at a friend’s house in a village in the same district. He also alleged that on June 7, 2017, he saw her “in an adulterous act” at their home. He informed his family and police but no action was taken against the man, who allegedly threatened the husband with dire consequences.
The wife denied these allegations, and alleged that her husband was abusive and prevented her from meeting their children. She claimed that the divorce application was based on false grounds.
After examining the evidence and hearing both parties, the division bench noted that the couple had been living apart since 2017. The court highlighted the wife’s admission during cross-examination that a male friend visited her home in her husband’s absence, supporting the husband’s claims of adultery and cruelty.
Since the couple had been living separately for over six years, it indicated an irretrievable breakdown of marriage, the court noted. Citing a Supreme Court ruling, Chhattisgarh high court emphasised that prolonged separation can lead to mental cruelty, necessitating the severance of matrimonial ties, and granted divorce.
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