Can Husband Ask Wife To Accept His Extramarital Affair And Live With Mistress? Jharkhand High Court Answers
Curated by NEWS DESK
Editorial DeskRANCHI: The Jharkhand High Court has granted divorce to a wife after holding that her husband's conduct, including asking her to accept his extramarital affair and live with the other woman, amounted to mental cruelty.
A Division Bench of Justice Sujit Narayan Prasad and Justice Pradeep Kumar Srivastava overturned the Family Court's November 2023 decision rejecting the wife's divorce petition under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
The couple married in February 2018 and had been living separately since September 2019.
The wife alleged that her husband was involved in an extramarital relationship with another woman. During a family meeting, he reportedly gave a written assurance that he would end the affair but allegedly continued the relationship.
According to the wife, her husband wanted her to accept the other woman as a "younger sister" and live together under the same arrangement.
She further alleged that her husband physically assaulted her with a broom and mop stick, causing injuries and medical complications.
The husband denied the allegations and questioned the reliability of the medical documents his wife submitted. He argued that the prescriptions were issued by a clinic belonging to her father. He had also obtained an ex parte decree for restitution of conjugal rights in January 2023.
However, the Jharkhand High Court found that the Family Court had failed to properly examine the evidence and the overall circumstances of the marriage.
The Court observed:
"Marriage is a relationship built on mutual trust, companionship and shared experiences. The relationship of wife and husband is based on the trust and respect to have upon each other and if it is broken, it is non-repairable as trust is the foundation of marriage."
The Bench held that the wife's medical evidence could not be rejected merely because the prescriptions came from her father's clinic.
The Court also found that the husband's conduct had compelled the wife to leave the matrimonial home.
Referring to the Supreme Court's judgment in Samar Ghosh v. Jaya Ghosh, the High Court considered the prolonged separation and breakdown of matrimonial trust while examining the allegations of mental cruelty.
The High Court ultimately set aside the Family Court's judgment and granted divorce on the ground of cruelty.
The Court also allowed the wife to approach the Family Court for permanent alimony under Section 25 of the Hindu Marriage Act, 1955.
EXPLANATORY TABLE OF LAWS AND SECTIONS
| Law / Section | What It Means | Relevance in This Case |
|---|---|---|
| Section 13(1)(i-a), Hindu Marriage Act, 1955 | Allows either spouse to seek divorce on the ground of cruelty. | The wife sought divorce alleging mental and physical cruelty. |
| Section 9, Hindu Marriage Act, 1955 | Provides for restitution of conjugal rights when a spouse withdraws from the other's society without reasonable excuse. | The husband had obtained an ex-parte restitution decree. |
| Section 25, Hindu Marriage Act, 1955 | Allows the court to grant permanent alimony and maintenance after considering relevant circumstances. | The wife was given liberty to seek alimony through separate proceedings. |
| Section 19(1), Family Courts Act, 1984 | Provides for appeals against eligible Family Court judgments and orders. | The wife challenged the dismissal of her divorce petition before the High Court. |
| Section 96, Code of Civil Procedure, 1908 | Governs first appeals against original decrees. | The High Court discussed the appellate court's power to reassess evidence. |
| Section 3, Indian Evidence Act, 1872 | Defines important evidentiary concepts, including when a fact is proved. | The Court discussed the standard of proof applicable to matrimonial disputes. |
CASE DETAILS
| Particular | Details |
|---|---|
| Case Title | SK v. RK |
| Court | High Court of Jharkhand at Ranchi |
| Bench | Justice Sujit Narayan Prasad and Justice Pradeep Kumar Srivastava |
| Neutral Citation | 2026:JHHC:28726-DB |
| Case Number | F.A. No. 82 of 2024 |
| Original Suit | Original Suit No. 75 of 2022 |
| Appellant-Wife's Counsel | Mr Abhishek Thakur and Mr Pratyush Navneet |
| Respondent-Husband's Counsel | Mr. Soumitra Baroi |
| Judgment Reserved | 17 August 2026 |
| Judgment Pronounced | 23 September 2026 |
| Family Court Order | 17 November 2023, Principal Judge, Family Court, Hazaribagh |
| Result | Wife's appeal allowed; Family Court judgment set aside; marriage dissolved on cruelty grounds |
KEY TAKEAWAYS
- Can a Husband Ask His Wife to Accept His Mistress? Jharkhand High Court holds that such conduct can amount to mental cruelty.
- Husband's Extramarital Affair Leads to Divorce: The High Court found that his conduct had destroyed matrimonial trust and caused mental cruelty.
- Husband's Defence Fails: Despite denying the allegations, the husband could not convince the High Court to uphold the Family Court's decision.
- What If a Wife Has an Extramarital Affair? Husbands also have the legal right to seek divorce on grounds of cruelty. The law applies equally to both spouses.
- Can a Wife Force Her Husband to Accept Another Man? Neither spouse is legally required to tolerate conduct amounting to matrimonial cruelty. The same legal standards must protect husbands and wives.
Share Your Thoughts
Comments are moderated before publication.