Single Incident Of Spouse Meeting Former Partner Would Not Alone Amount To Adultery: Punjab & Haryana High Court

The Punjab and Haryana High Court has upheld a family court order which had held that a single instance of a spouse meeting a former partner alone cannot, by itself, amount to adultery.

At the same time, the Court reiterated that making false and reckless allegations against a spouse and their family members constitutes mental cruelty warranting divorce.

Justice Gurvinder Singh Gill and Justice Ramesh Kumar noted, "trial Court in its rightful wisdom also observed that conduct of respondent-wife in meeting respondent No.2 alone on 11.01.2023 being a single incident cannot be said that she is living in adultery with respondent No.2 nor her previous relationship with respondent No.2 before marriage tantamount to an offence of adultery for the respondent-husband. Learned trial Court rightly dissolved the marriage between the parties on the ground of cruelty on part of respondent-wife."

The parties were married on November 16, 2021, and no child was born out of the wedlock. The husband, an Indian Navy personnel, approached the Family Court seeking divorce, alleging that the wife was quarrelsome, neglected marital obligations, and remained frequently engaged on her mobile phone with strangers.

He further alleged that she had a prior relationship with another man and was found in a compromising position with him on January 11, 2023.

The wife denied all allegations and, in turn, accused the husband and his family members of demanding dowry. She also alleged that her father-in-law had behaved inappropriately towards her.

The Family Court found the wife's allegations to be inconsistent and unsupported by evidence. It noted that she failed to specify details of alleged dowry demands and admitted during cross-examination that no motorcycle had been given in dowry, contrary to her pleadings.

The Court also found her allegations against her father-in-law to be improbable, particularly in light of her admission that he used to drop her to college.

Holding that such false and defamatory allegations amounted to cruelty, the Family Court granted a decree of divorce.

However, it clarified that a solitary incident of meeting another man or a pre-marital relationship does not establish adultery.

Affirming the Family Court's reasoning, the Court held that no interference was warranted.

The Bench agreed that the wife had levelled reckless and unsubstantiated allegations against the husband and his family members, including imputations on the character of her father-in-law and false claims of dowry harassment.

Such conduct, the Court observed, clearly amounts to mental cruelty.

Importantly, the Court endorsed the finding that merely meeting a former partner alone on one occasion cannot be treated as proof of adultery. The divorce, it noted, however was rightly granted by the trial court on the ground of cruelty and not adultery.

The Court dismissed the wife's appeal, upholding the decree of divorce passed by the Family Court. All pending applications were also disposed of.

Mr. Shivroop Singh Dhaliwal, Advocate for Mr. Joginder S.Dhankhar, Advocate, for the appellant.

Title: XXXXX v. XXXX