Spouse justified to seek outside help against partner’s extramarital relationship: Punjab and Haryana High Court

The Punjab and Haryana High Court recently said that a person would be justified in seeking third party help against the extra marital relationship of his/her spouse..A Division Bench of Justice Sudhir Singh and Justice Harsh Bunger made the observation while dealing with an Army major’s argument in a divorce case that his wife had filed a complaint with his superiors alleging that he was in extra-marital relations with a number of women.The Court said it is well established that allegations of extra-marital relationship against a partner in the marriage should be “unfounded” to become a matrimonial offence of cruelty so as to warrant divorce.“However, if one of the spouses has justification for allegations, it is his or her duty to point it to the other spouse or ask him to mend his or her ways, in the interest of matrimonial amity. The aggrieved spouse will be justified in seeking help of those who have their goodwill in mind or who are in Authority,” the Court said..In the present case, the Army Major challenged a district court’s judgement dismissing his plea for divorce. He argued that his wife was in the habit of picking up quarrels over petty matters and she always insulted him in front of his friends and relatives.The High Court agreed with the trial court that the only vague and general allegations had been made against her.“Merely because the respondent did not serve tea to the relatives and friends of appellant-husband or that the respondent-wife used to quarrel with the appellant on petty matters, it cannot be concluded that on such allegations marriage between the parties should be dissolved on the ground of cruelty. Infact, no importance is required to be attached to such general and vague allegations. The allegations raised by the appellant, at the most, constitute normal wear and tear of married life,” the bench said..It then examined the allegation of extra-marital allegations against the husband and found that there was sufficient material on record to show that he was “leading an unethical life”.Thus, the Court said the wife was justified in submitting a complaint to General Officer Commanding against the misdemeanour of her husband regarding his “immoral leanings” towards another woman and resultant conduct of him ignoring his wife.“It has been found as a fact that the appellant's conduct was not up to the mark. Therefore, granting him a decree of divorce in this situation would be allowing the appellant to take advantage of his own wrongs, which would be contrary to the basic principle as embodied in Section 23(1)(a) of the Hindu Marriage Act, 1955,” it said..The Court also rejected the allegation that the wife was suffering from mental illnesses and had tried to commit suicide twice. It also concluded that the allegation of denial of sex by wife was not proven. “Neither any document / medical record has been produced on record nor any medical expert has been examined by appellant to substantiate his plea that respondent-wife is sexually inactive and in the absence of material evidence, these allegations against the respondent-wife remain not proved," the Court said. The High Court, thus, concluded that trial court was right in finding that the husband had failed to prove the allegations against his wife. “In view of the above, there is no merit in this appeal. It is, consequently, dismissed,” it ordered..Senior Advocate Puran Singh Hundal with advocates Gursahib Singh Hundal and Ankush Chauhan appeared for the husband.Senior Advocate BS Rana and advocate Niharika Singh represented the wife.