In a recent ruling, the Punjab and Haryana High Court held that a husband’s unexplained association with another woman outside his marriage amounts to cruelty towards his wife.
The Bench comprising Justice Sudhir Singh and Justice Sukhvinder Kaur made this observation while hearing an appeal by a husband challenging a 2023 Family Court decision that had denied his petition for divorce.
The couple, married since 2011 and parents to one child, have been living separately since 2018. The husband claimed that his wife’s accusations of an extramarital affair had led to irreparable damage to their relationship. However, the Court noted that he had admitted to being acquainted with the woman in question and had travelled with her multiple times, including to Goa. He had also registered a company jointly with her.
The Court rejected the husband’s argument that there was no evidence of an illicit relationship, pointing to a CD showing him exiting a flat with the woman and his own admissions regarding their closeness.
“Maintaining a relationship with a woman outside the matrimonial alliance, without a credible explanation, constitutes cruelty and is sufficient to cause serious disruption in the marital bond,” the Court stated.
Concluding that the husband’s actions were the root cause of the marital discord, the Court dismissed his appeal, observing that long separation alone was not a ground for granting him relief, particularly in light of his conduct.
Advocate Balraj Gujjar appeared for the appellant-husband, while Advocate RK Dhankar represented the respondent-wife.
