Wife Allegedly Had Extramarital Affair, Deserted 15 Years Ago: Telangana HC Rejects Husband’s Divorce Plea, Says Cruelty Not Proved

TELANGANA: The Telangana High Court has dismissed a husband's divorce appeal, holding that allegations of the wife's adultery, desertion and matrimonial cruelty must be supported by reliable evidence and properly raised in the divorce petition.

A Division Bench of Justice K. Lakshman and Justice K. Sujana upheld the 2015 Nizamabad Family Court order, which had rejected the husband's divorce petition under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.

The couple married in 1992 and had three sons. According to the husband, he worked abroad and regularly sent money to his wife. He alleged that during his absence, his wife developed an extramarital relationship with another man.

The husband claimed that their elder son discovered the alleged extramarital affair, after which his wife attempted suicide. He further alleged that she frequently quarrelled with their son, failed to explain how she spent his earnings, and started living separately in 2010.

He also alleged that his wife filed a false Section 498A IPC complaint against him. According to the husband, on 21 August 2010, she and her relatives entered his house and assaulted his family members.

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The wife denied these allegations and maintained that the husband had filed the divorce petition to end their marriage.

The Family Court rejected the husband's divorce petition, finding that he had failed to prove cruelty. He challenged the decision before the Telangana High Court, where the wife remained unrepresented during the appeal.

The High Court observed that although the husband had alleged adultery and desertion, he had sought divorce only on the ground of cruelty.

The Court noted:

“Though the appellant made an allegation that the respondent deserted him in the year 2010, he has filed the aforesaid OP against the respondent seeking dissolution of marriage on the ground of 'cruelty' only. ... Therefore, he cannot allege the ground of 'desertion' in the aforesaid OP.

Likewise, though the appellant made a specific allegation that the respondent lived an adulterous life with one..., he has filed the aforesaid OP only on the ground of 'cruelty', but not on the ground of 'adultery' ... His first son (RW.2) deposed against him.”

The High Court examined the husband's claim that their elder son had caught his mother with another man. However, the son, examined as RW-2, denied witnessing the alleged affair.

The husband also failed to produce supporting witnesses for his allegations of desertion and assault. Regarding the money allegedly sent from abroad, the Court noted that he had produced only a bank passbook without sufficient supporting evidence.

Emphasising that matrimonial cruelty must be proved through credible evidence, the High Court observed:

“…Mere allegation is not sufficient and the appellant has to prove the same by producing cogent evidence…”

Referring to Samar Ghosh v. Jaya Ghosh (2007), the High Court explained that mental cruelty in marriage depends on the circumstances of each case, including the parties' behaviour, education, sensitivity and family background.

The Court also referred to Durga Prasanna Tripathy v. Arundhati Tripathy (2005), recalling the Supreme Court's observation that 'marriages are made in heaven'.

The High Court concluded that the husband had failed to establish sufficient grounds for divorce or justify interference with the Family Court's decision.

It held:

“…. The appellant failed to make out any case to interfere with the order under challenge. It is a reasoned and well-founded order. Thus, the present appeal is devoid of merits and the same is liable to be dismissed. …The present Appeal is accordingly dismissed. In the circumstances of the case, there shall be no order as to costs…”

Accordingly, the Telangana High Court dismissed the husband's divorce appeal, upholding the Family Court's refusal to dissolve the marriage.

EXPLANATORY TABLE OF LAWS AND SECTIONS

CASE DETAILS

KEY TAKEAWAYS

• Husband Denied Divorce: Despite years of separation and serious allegations, the husband failed to secure divorce.
• Wife's Alleged Affair: Husband's allegations of an extramarital relationship failed without proper pleadings and evidence.
• 15 Years Of Separation: Even prolonged separation did not automatically give the husband a right to divorce.
• Alleged False 498A Case: Husband's claim of a false criminal complaint was insufficient to establish mental cruelty.
• Men Need Proof, Not Just Allegations: A husband's suffering alone cannot secure divorce unless legally recognised grounds are properly pleaded and proved.