Patna High Court Refuses Divorce On “Vague” Adultery Allegations; Says Evidence Beyond Pleadings Cannot Be Considered

The Patna High Court has upheld the dismissal of a husband's divorce plea founded on allegations of adultery, holding that vague and unsubstantiated accusations without particulars of time, place, or identity cannot sustain a decree of divorce. The Court further reiterated that evidence beyond pleadings cannot be relied upon to grant relief.

A Division Bench of Justice Nani Tagia and Justice Alok Kumar Pandey was hearing a miscellaneous appeal challenging a 2019 judgment of the Principal Judge, Family Court, Siwan, which had dismissed the husband's divorce petition despite the proceedings being conducted ex parte against the wife.

The appellant-husband contended that after two years of marriage, the respondent-wife's behaviour changed and she frequently visited markets without informing family members. He alleged that on 15 October 2012, she left home at 11 a.m. and returned at 9 p.m., after which he allegedly saw her emerging from a cinema hall with another man. According to him, he later learnt that the wife had been in a love affair with one Dhananjay Tiwary even before marriage.

It was argued that the Family Court failed to appreciate the pleadings and evidence on record, including assertions that the wife had been seen with different men and had deserted the matrimonial home without the husband's consent. The appellant also contended that the wife had not appeared despite service of notice and that the Family Court ought to have granted a decree of divorce ex parte.

The High Court noted that although processes had been exhausted to secure the wife's appearance, the allegations in the divorce petition itself were fundamentally deficient. The Bench observed that the petition did not disclose the specific time, place, or identity of the person with whom the wife was allegedly in an illicit relationship. Even the alleged paramour had not been impleaded as a party to the proceedings. The Court observed:

“The allegation of adultery is made against the respondent/wife without revealing the name of person who was accompanying respondent and the person against whom allegation is made has not been made party. The allegation is vague…”

The Bench further noted that apart from the incident dated 15.10.2012, no particulars had been furnished regarding any alleged misconduct between 2003 and 2012. It held that the husband merely made broad assertions that the wife had become “indisciplined” after two years of marriage, without disclosing any specific instances or circumstances.

The Court also agreed with the Family Court's finding that although witnesses referred to an alleged relationship with Dhananjay Tiwary, no witness from the concerned village was examined to substantiate the allegations.

Significantly, the Bench reiterated the settled principle that evidence beyond pleadings cannot be considered while adjudicating a case. It observed that permitting parties to introduce facts through evidence without foundational pleadings would defeat the very purpose of pleadings and unfairly take the opposite party by surprise.

Holding that the Family Court had duly considered all relevant materials and recorded justified reasons for rejecting the divorce petition, the High Court dismissed the appeal.

Case Title: Shyam Bihari Mishra v. Sanju Devi.

Case No.: Miscellaneous Appeal No. 92 of 2020

Appearance: Mr. Dhanendra Chaubey for the Appellant. None appeared for the Respondent.

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