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Delhi High Court: Husband cohabiting with another woman after long separation from wife not cruelty

Team SoOLEGAL 15 Sep 2023 12:59pm

Delhi High Court: Husband cohabiting with another woman after long separation from wife not cruelty

New Delhi: The Delhi High Court recently ruled that a husband living with another woman long after his separation from his wife cannot be termed cruelty when there is no possibility of reunion.

A division bench of Justices Suresh Kumar Kait and Neena Bansal Krishna stated that after such a long period of separation with no chance of reconciliation, the husband may have found peace by living with another woman, but this cannot bar him from divorce from his wife.

The court observed that “even if it is accepted that the respondent-husband has started living with another woman and has two sons during the pendency of divorce petition, that in itself, cannot be termed as cruelty in the peculiar circumstances of this case when the parties have not been co-habiting since 2005. After such long years of separation with no possibility of re-union, the respondent husband may have found his peace and comfort by living with another woman, but, that is a subsequent event during the pendency of the divorce petition and cannot disentitle the husband from divorce from the wife on the proven grounds of cruelty.”

It went on to say that the respondent-husband, the woman, and the children would bear the consequences of such a liaison.

The Court dismissed a woman's petition challenging a family court order granting divorce to her husband on the grounds of cruelty under Section 13(1) (ia) of the Hindu Marriage Act, 1955.

The couple married on December 3, 2003, but disputes soon arose, and they began living apart in 2005.

The wife allegedly subjected her husband to cruelty by causing numerous problems and even having him beaten up by her brother and relatives. It was revealed that the wife and her family members had also been convicted under Section 506(II) of the Indian Penal Code (IPC).

 

The appellant-wife asserted that despite having a lavish wedding, the husband made several demands. Her mother-in-law allegedly gave her some medications with the assurance that a son would be born, but they were intended to terminate her pregnancy.

After perusing the case, the Court stated that, while the wife claimed she was subjected to dowry harassment and cruelty, she was unable to substantiate her claims, which amounted to cruelty.

The Court said that it was only in the appeal that the woman first claimed that her husband got married and sired two sons. However, the Bench added that no specific details or proof of the alleged second marriage have been tendered on record or provided in the police complaints.

Therefore, the court dismissed the appeal and upheld the trial court's divorce order.



Tagged: Delhi High Court  
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