Husband residing with another lady and having child from her amounts to cruelty to wife?
was conclusively established that the appellant had started living with Ms. P
and their conjugal relationship had led to the birth of a male child on
09.05.2007. Though the learned ADJ preferred not to give a clear cut
finding on the allegation that the appellant had got married to Ms. P in 2009
without the consent of the respondent/ wife – because Ms. P was not a party
to the case and was not produced as a witness, yet the learned ADJ held that
the aforesaid conduct of the appellant/ husband in begetting a child with Ms.
P tantamount to cruelty to the respondent/ wife.
The submission of learned counsel for the appellant that since
December 2002, the respondent/ wife had deserted the appellant/ husband
without any just cause, certainly cannot afford justification to the appellant/
husband to conduct himself in the manner that he has done. If he had any
grievance with regard to the alleged desertion by the respondent/ wife, it was
for him to seek appropriate legal remedy by either seeking restitution of
conjugal rights, or to himself seek a decree of divorce on the basis of the
alleged desertion by the respondent/ wife. However, he could not have
started living with another woman and begotten a child with her. Such
conduct of the respondent/ husband would cause immense mental cruelty to
any wife, who cannot be expected to share her husband with another
woman. Such conduct tantamounts to betrayal by the husband of the faith
that binds the couple, without which the institution of marriage would be as
good as dead. Moreover, such conduct gives rise to an independent ground
for dissolution of marriage by a decree of divorce under clause (i) of Section
13(1) of the HMA.
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 05.01.2016
MAT.APP. 7/2014
SH A. P.
versus
SMT M. P.
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
https://www.lawweb.in/2016/01/husband-residing-with-another-lady-and.html
