Husband living with another woman years after separation from wife not cruelty: Delhi HC

New Delhi, Sep 14 (IANS) The Delhi High Court has upheld a family court's order granting divorce to the husband on the ground of cruelty by the wife under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

It said that a husband living with another woman after years of separation from his wife, with no possibility of reconciliation during the divorce proceedings, does not disqualify him from seeking a divorce on grounds of cruelty by the wife.

A bench of Justices Suresh Kumar Kait and Neena Kumar Bansal said that allegations of cruelty made by the wife in criminal cases should be substantiated in divorce proceedings.

"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," it said.

Dismissing the appeal moved by the wife, the bench said that while the parties got married in December 2003, their marriage became a bed of rocks from the first day instead of happiness.

The husband claimed that his wife was quarrelsome, disrespectful to his relatives, and avoided household chores. The court noted that the wife's quarrelsome nature was evident during court proceedings when she threatened the husband and his family members.

"It has been rightly argued that a person who does not shy in threatening and quarrelling with the respondent-husband and his family members in the open court, her conduct as deposed by the appellant-wife at the matrimonial home can very well be accepted. These incidents clearly prove that the appellant-wife and her family members were quarrelsome and the appellant-wife had inflicted physical cruelty upon the respondent- husband," it said.

The court also found that the wife denied the husband conjugal relations, leading to a breakdown in their marital relationship. It further noted that the wife's complaints and allegations were made long after the parties had separated.

It thus concluded that living with another woman during the divorce proceedings, after years of separation, could not disqualify the husband from seeking a divorce on grounds of cruelty, given the circumstances of the case.

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