Wife Keeping Karwa Chauth Fast For Another Man Is "Mental Cruelty" To Husband: Jaipur Family Court Grants Him Divorce
Curated by NEWS DESK
Editorial DeskRAJASTHAN: A Jaipur Family Court has granted divorce to a husband after finding that his wife's conduct towards another man, including observing Karwa Chauth for him, amounted to mental cruelty. The court dissolved the couple's 13-year marriage after examining their marital dispute and the evidence presented.
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Family Court-2 Judge Vishal Bhargava held that the wife's relationship with another man had gone beyond ordinary friendship and seriously affected the trust between the husband and wife.
The couple married in May 2013. On 27 January 2023, the husband filed a divorce petition, alleging mental harassment, refusal of marital companionship and serious problems in their relationship.
According to the husband, his wife had refused physical relations with him since 2019. He also alleged that she was unwilling to continue their marriage. However, the court did not fully accept his claim about the period without physical intimacy and noted that the evidence established separation for approximately 15 months.
The husband further alleged that on 24 October 2021, his wife celebrated Karwa Chauth in Goa with another man and treated him as her husband.
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Reports of the court proceedings also stated that the wife had applied mehendi bearing the other man's name and admitted to performing marriage-like rituals with him in Goa while her first marriage was still legally subsisting.
The court considered these circumstances to be far beyond the limits of normal friendship. Her conduct towards another man, while remaining married to the petitioner, was found to have seriously damaged the marital relationship.
The husband also alleged that his wife had misbehaved with his parents, failed to provide proper care for their minor son and filed false complaints against him. The court examined these allegations along with the available oral and documentary evidence.
The court found that the wife's conduct and the surrounding circumstances had caused mental cruelty to the husband, making it difficult for him to maintain trust and peace in the marriage.
Considering the overall evidence, Judge allowed the husband's divorce petition, ending the 13-year marriage.
EXPLANATORY TABLE OF LAWS AND SECTIONS
| Law / Section | What It Means | Relevance In This Case |
|---|---|---|
| Section 13(1)(ia), Hindu Marriage Act, 1955 | Allows divorce when one spouse subjects the other to cruelty, including mental cruelty. | The court found mental cruelty against the husband and granted divorce. |
| Section 13(1)(i), Hindu Marriage Act, 1955 | Provides divorce on the ground of voluntary sexual intercourse with another person after marriage. | Reports describe findings of adultery, but the precise statutory ground applied requires verification from the judgment. |
| Section 7, Family Courts Act, 1984 | Gives Family Courts jurisdiction over matrimonial disputes, including divorce. | Jaipur Family Court-2 decided the husband's divorce petition. |
| Section 19, Family Courts Act, 1984 | Provides for appeals against eligible Family Court judgments and orders. | Relevant to any appeal against the divorce decree. |
CASE DETAILS
| Particular | Details |
|---|---|
| Case Title | Husband v. Wife |
| Court | Family Court No. 2, Jaipur, Rajasthan |
| Husband's Counsel | Advocate Vishnu Kumar Sharma |
| Marriage Date | May 2013 |
| Divorce Petition Filed | 27 January 2023 |
| Main Legal Issue | Whether the wife's conduct towards another man and other marital circumstances amounted to mental cruelty |
| Decision | Husband's divorce petition allowed; marriage dissolved |
KEY TAKEAWAYS
- Karwa Chauth For Another Man Is Mental Cruelty: Jaipur Family Court granted divorce to a husband after examining his wife's conduct towards another man.
- Marriage Demands Loyalty, Not Just Legal Status: The wife's conduct in Goa went beyond ordinary friendship and damaged marital trust.
- Husbands Can Seek Divorce For Mental Cruelty: Men have equal legal rights to seek divorce when their spouse's conduct amounts to cruelty.
- Extramarital Conduct Has Legal Consequences: The court considered the wife's relationship with another man while deciding the husband's divorce petition.
- Men Should Not Be Forced To Endure Mental Cruelty: The judgment reinforces that a husband's dignity, emotional suffering and right to matrimonial relief deserve judicial protection.
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