Wife’s Act Of Merely Roaming With Another Man Is Not Adultery: MP HC
The Madhya Pradesh High Court has observed that a wife’s act of meeting or raining around with a man other than her husband would not amount to adultery.
The Bench of Justices Vivek Rusia and Amar Nath made these observations while upholding the Family Court order dismissing an application filed u.s 13(1)(1)(1)a of the Hindu Marriage Act filed by the husband on grounds of adultery and cruelty.
In the instant case, the husband filed a divorce petition against the wife on grounds of cruelty and adultery. The husband alleged that his wife was residing with another man and she had assaulted his mother pursuant to which an FIR was also filed against her.
The husband further alleged that he saw his wife going to another man’s House. Three other witnesses were also examined who claimed to have seen the woman with another person. The husband further submitted that his wife was denied maintenance as the court doubted her character.
The wife denied the allegations and submitted that the husband deserted her as he wants a second marriage.
After hearing the submissions, the High Court observed that the wife’s act of roaming or meeting another man does not amount to adultery.
The court also refused to consider the trial court’s finding regarding the character of the wife.
Regarding the allegations of cruelty and registration of a criminal case against the wife, the court observed that the wife was given the benefit of the Probation of Offenders Act and therefore it does not constitute cruelty against the wife.
Accordingly, the court refused to interfere with the family court order and dismissed the instant appeal.
Title: Veeram versus Shaitan Bai
Case No. FA No. 355 of 2004
Dr. Ajay Kummar Pandey
( LLM, MBA, (UK), PhD, AIMA, AFAI, PHD Chamber, ICTC, PCI, FCC, DFC, PPL, MNP, BNI, ICJ (UK), WP, (UK), MLE, Harvard Square, London, CT, Blair Singer Institute, (USA), Dip. in International Crime, Leiden University, the Netherlands )Advocate & Consultant, Supreme Court of India & High Courts4C Supreme Law International, Delhi, NCR. Mumbai & DubaiTel: M- 91- 9818320572. Email: editor.kumar@gmail.comWebsite: www.ajaykr.com, www.4Csupremelawint.com
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