Two interesting cases have come up from two different High Courts in India, where we can clearly see a stark distinction in approach, when a husband is allegedly having an extra marital affair V. wife allegedly living in adultery.
While each case has its own facts and evidences, it is intriguing to note the view points expressed by Judges in their respective cases.
Case 1:
The Delhi High Court in its order dated May 28, 2024 dismissed an appeal filed by a husband with regards to interim maintenance granted by the Family Court to his estranged wife and minor daughter.
While the husband had approached the High Court with certain photographs, accusing his estranged wife of living in adultery, the bench did not consider the same, suggesting that they could have been manipulated.
Parties got married in 2018 and have a girl child who is around 5-years-old.
The petitioner husband is a self-employed architect by profession, while the respondent wife is a post graduate in Mass Communication, but currently unemployed. The divorce petition was initiated by the husband on grounds of cruelty by wife, and subsequently the wife had filed an application under Section 24 of the Hindu Marriage Act, seeking an interim maintenance of Rs 2 lakh per month that would provide for her and their child’s expenses.
Post separation, the wife has been living with her parents and the minor child is also in her custody.
READ ORDER | Adultery By Wife Cannot Be Grounds To Deny Her Child Custody: Bombay High Court
Family Court
The Family Court in Delhi directed the husband to pay Rs 75,000 per month to the estranged wife and for the minor child, commencing from the date of the application, with a yearly increase in maintenance @ 7%, effective from April 1, 2025.
The husband challenged this order in the High Court.
Submission by Husband
The husband approached the Delhi High Court with some photographs that showed his estranged wife living in adultery. Besides this, the husband claimed that his income was only around Rs 40,000 to Rs 41,000 per month.
Delhi High Court
A bench of Justice Rajiv Shakdher and Justice Amit Bansal looked at the photographs submitted by the husband, but chose not to rely on the same in the present maintenance case. While observing that these photographs could have been doctored, the bench said:
We have looked at the photographs. It is not clear as to whether the respondent/wife is the person in the photographs, as alluded to by the learned counsel for the appellant/husband.
We may take judicial notice of the fact that we are living in the era of deepfakes and, therefore, this is an aspect that the appellant/husband, perhaps, would have to prove by way of evidence before the Family Court.
The High Court stated that since the petition for divorce was instituted by the husband and the same is pending before the Family Court, both parties can place their evidences on record in support and defense of their respective cases.
Noting that the Family Court had found discrepancies in the husband’s bank statement, vis-a-vis his submission of earning Rs 40-41K per month, the High Court was of the opinion that the lower court order did not require any amendment.
Dismissing the husband’s appeal, the High Court concluded that since the charges of adultery were not a part of the lower court judgment, the husband filing an appeal in the maintenance case was “almost as a measure of desperation to wriggle out of the obligation cast in the impugned judgment.”
While the husband was suggested to move the Family Court for review, presently, the maintenance order was upheld.
READ ORDER | Sex Outside Marriage Not An Offence; Live-in Relationship Cannot Be Constituted As Adultery: Rajasthan High Court
Case 2:
In another case, the Punjab and Haryana High Court was hearing an Army Officer’s appeal after a Family Court had dismissed his divorce on grounds of cruelty by wife.
In this case, while the husband had accused his wife of picking up quarrels and insulting him in front of his friends and relatives, not serving tea to his relatives, etc. the wife on the other hand, had accused her husband of infidelity.
Submissions by Wife
The wife brought some love letters and photographs of the husband on record. She had accused him of extra-marital relations with number of women and she had also submitted a complaint to General Officer Commanding, post which a court of enquiry was instituted against the husband.
Defense by Husband
The petitioner had denied these charges of extra-marital affair. He contended that it was him who was subjected to humiliation and harassment in the presence of officers and colleagues. This not just led to the spoiling of his image and career, but also amounted to cruelty.
Family Court
The Family Court had dismissed husband’s plea for divorce under the Hindu Marriage Act, and accordingly he approached the High Court for relief.
DO WATCH: Uttarakhand HC Allows Married Woman To Live-in With Her Male Partner Without Divorce | Voice For Men
Punjab & Haryana High Court
While agreeing with trial Court’s decision, the bench of Justice Sudhir Singh and Justice Harsh Bunger opined that the allegations raised by the appellant husband, at the most, constituted normal wear and tear of married life. The bench stated:
Merely because the respondent (wife) 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.
On charges of infidelity, the High Court observed that a number of letters were avaiable in front of the Court, which suggested that the husband was interested in outsiders than his own life. The bench noted:
The trial Court upon consideration of the evidence on record, observed that the appellant-husband admitted in his cross-examination that in photograph, he is with (a woman), wherein the appellant was in objectionable poses with her.
The High Court concurred with the Trial Court which had noted that a Hindu wife cannot tolerate another lady in the arms of her husband and also, “that the appellant was not sincere towards his wife.”
Concluding the matter, the bench stated that there was enough material on record to suggest that the husband was living an unethical life. It stated:
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.
DO WATCH: My In-Laws Supported My Wife’s Adultery, My Son Calls Me A Failure | His Story | Voice For Men India
Voice For Men India Take:
- These two cases are not identical in nature, but where a husband is rightly reprimanded for his extra-marital affairs, a wife allegedly living in adultery is given benefit of doubt
- In the first case, proving adultery by spouse is surely a matter of trial and needs to be dealt with, by the Trial Court, however, interim maintenance is awarded instantly by default to the wife, without any findings or outcome of the main trial
- Sadly, once the interim maintenance meter starts, it may take minimum 5-7 years for the Trial Court to pronounce judgement on the main divorce petition
- This means, without any charge being proven against the husband, he is liable to pay this sum for years, without any refund, even if the final judgment is in his favour
- Husbands are at a loss whether they file for divorce or don’t file for divorce
- In the former, situation, they have to pay, even if they are the victims of domestic abuse, and in the latter, fearing adverse order from the Court, they choose to remain silent and suffer that domestic abuse
- You will rarely come across judgments where adultery by wife is proven, because even where husbands have submitted evidence, the adulterous wives have been shielded under their right to privacy
- While on the other hand, the second case is a classic example, where Courts take shelter under culture and traditions while quoting that a “Hindu woman can’t see her husband with someone else”
- But a Hindu man is expected to be tolerant even if his wife indulges in a relationship outside marriage
- One can read the detailed 2018 Judgement on Decriminalisation of Adultery where Justice D Y Chandrachud, who was one of the five-member bench in the ruling, had observed: “Physicality is an individual choice. The (adultery) law was based on the concept that a woman loses her individuality once she is married.”
- Personally, we believe, human emotions should not be criminalised
- Where a marriage is broken down and one of the spouse has already been involved in another relationship, there is no point in dragging that dead marriage on paper, which really serves no other purpose, but revenge
- Whichever spouse indulges in adultery should be made to compensate to the other, thereby allowing dignity for the partner to also move on in their life
- From these live cases at Indian Courts, we can only conclude that whenever it comes to Justice for Wives, Indian Legal System adopts a fairly liberal and progressive approach, but when it comes to Justice for Husbands, we love lecturing them on our Hindu culture, sanskriti, traditions and sanctity of marriage
DO WATCH:
FALSE 498-A IPC | Life Once Lost Cannot Be Bailed Or Acquitted | Voice For Men India
LEAVE YOUR COMMENTS BELOW:
READ ORDER | "Could Be Deepfake!" Delhi High Court On Photographs Of Wife Submitted By Husband (Adultery)
— Voice For Men India (@voiceformenind) June 12, 2024
▪️Case 2 Punjab & Haryana Order: ""Hindu woman can't see her husband with someone else"
▪️Our Take on both cases#VoiceForMen https://t.co/S6zplrZoQu
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