In a recent ruling by the Punjab and Haryana High Court, the Court upheld the decision to deny a husband’s appeal for divorce. The case revolved around the husband’s relationship with a woman outside the matrimonial bond, which was deemed cruel by the Court. The ruling emphasizes the impact of extramarital affairs on marital relationships and the grounds for divorce under family law.

Key Points of the Case

The case involved a Hindu marriage between the appellant-husband and the respondent-wife, who had been married since 2011 and had a child together. In 2023, the Family Court had denied the husband’s request for a divorce, despite allegations of extramarital affairs. The husband appealed the Family Court’s decision, seeking a divorce on the grounds of cruelty.

Allegations of Extramarital Affair and Cruelty

The wife accused the husband of maintaining an extramarital relationship, citing instances where she saw him with another woman in a park. The husband acknowledged knowing the woman and admitted to taking her on several trips by air and train, including a visit to Goa. Although the husband denied any illicit relations, the Court deemed his actions as cruel towards the wife, causing irreparable damage to their marriage.

Court’s Ruling: Cruelty and Grounds for Divorce

Justice Sudhir Singh and Justice Sukhvinder Kaur presided over the case. They ruled that the husband’s relationship with a woman outside the marriage, without a justified explanation, amounted to cruelty, which is a valid ground for divorce under Indian family law. The Court stated:

“Maintaining relations with a lady outside the matrimonial alliance, without any justified explanation, certainly amounts to cruelty, and it is sufficient to cause ruptures in the matrimonial alliance of the parties.”

Admission of Extramarital Relationship

The Court considered the husband’s admission that he had been in contact with the woman for a long time, including traveling with her several times. This admission, coupled with evidence showing the husband’s involvement with the woman, led the Court to conclude that his actions were the primary cause of the disruption in the marriage.

“The admission of the appellant-husband regarding his relations with said woman coupled with the position indicated in Ex.DA clearly shows that it was the appellant-husband, who had been the cause of disturbance in the matrimonial alliance of the parties.”

No Relief for the Husband

Despite the long separation of the couple since 2018, the Court ruled that the husband’s behavior could not be ignored. The ruling emphasized that the husband’s actions did not qualify him for any relief, and the appeal for divorce was dismissed.

“We are conscious of the fact that parties have been residing separately since 2018, but it must be borne in mind that the instant case is not a fit case, where any indulgence can be granted to the appellant-husband, due to long separation, in view of the acts and conduct of the appellant-husband.”

Legal Representation

The appellant-husband was represented by Advocate Balraj Gujjar, while the respondent-wife was represented by Advocate RK Dhankar.

Conclusion: The Impact of Extramarital Affairs on Marital Relationships

This ruling by the Punjab and Haryana High Court serves as a crucial reminder of how extramarital affairs can be a valid ground for divorce under Indian family law. The case highlights the legal concept of cruelty and its impact on the matrimonial bond. It reinforces the importance of maintaining trust and fidelity in marriage, as well as the role of the courts in ensuring that relationships are based on mutual respect and understanding.