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2023-Oct-30
The Husband had filed a divorce plea before the family court seeking the dissolution of the marriage on the ground of adultery and cruelty. It was his allegation that his wife/respondent is residing with another person.
The Bench however upheld the order of the Family court dismissing the application filed under section 13(1)(1)(1a) of the Hindu Marriage Act by the husband on the grounds of cruelty and adultery. The Court observed thus:
"It is a settled law that mere roaming along with any male other than the husband does not constitute a presumption of adultery against the wife. There must be direct evidence to establish that she was seen in a compromising position or adultery with other than her husband then only the charge of adultery can be said to have been established. Merely meeting or roaming with a person other than the husband does not constitute adultery, therefore, the trial Court has rightly held that the allegation of cruelty has not been established,"
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