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Wife cannot be forced to live in matrimonial home while husband keeps another lady: Himachal Pradesh High Court

Team SoOLEGAL 26 Jun 2023 5:05pm

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Wife cannot be forced to live in matrimonial home while husband keeps another lady: Himachal Pradesh High Court

New Delhi: According to the Himachal Pradesh High Court, which recently rejected a man's claim that his wife had deserted him, no wife can be made to live in the matrimonial home if the husband is keeping another woman with him

The husband’s plea for divorce on grounds of desertion and cruelty was thus denied by Justice Satyen Vaidya.

The court observed "Respondent (wife) had justifiable ground to live separately as no wife can be forced to live in matrimonial home with husband keeping another lady with him."

The husband's plea for divorce under Section 13 of the Hindu Marriage Act had been denied, and the court was dealing with an appeal contesting that decision.

The husband argued that he had sufficiently proved that his wife had deserted him in his appeal of the family court decision.

However, the High Court concluded that the husband's accusations of cruelty were generic and ambiguous in nature. The Court observed that no specific act of cruelty was mentioned or pleaded. Instead, the husband had just asserted that his wife had a hostile attitude towards him and his family and that she continued instigating fights before leaving the marital house.

The Court continued by pointing out that the Hindu Marriage and Divorce (Himachal Pradesh) Rules, 1982 expressly state that the claims of cruelty must be mentioned in the petition with sufficient particularity, including the time and location of the claimed Act and other facts relied upon.

The Court stated that the only item that could be considered to be proven on file is the fact that the woman has been living separately from her husband since 1995.

The Court, however, determined that the way the desertion issue was phrased and the "pleading of necessary jurisdictional facts for the ground of desertion were clearly missing in the petition."

In addition, the Court determined that the wife had offered reasonable reasons for living apart. The wife had told the family court that her husband had married another woman in order to support her decision to live separately. According to the wife, two sons were also born out of wedlock. The husband had not adequately refuted these charges, according to the High Court. Furthermore, the wife presented witnesses before the family court that corroborated her claim that her husband had married another woman.

According to the Court, the charge of desertion was also unsubstantiated from this perspective. As a result, the husband's divorce petition was dismissed, and the family court's order was upheld.


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