Supreme Court removes adultery charges against woman levelled by her late husband

A bench of Justices Kurian Joseph and Hemant Gupta noted that her estranged husband is no more and she cannot contest the matter on merit.

Published: 25th November 2018 05:57 PM  |   Last Updated: 25th November 2018 05:57 PM   |  A+A-

Supreme Court

Supreme Court (File | EPS)

By PTI

NEW DELHI: The Supreme Court has come to the rescue of a divorcee woman by expunging the imputations made on her character by her late estranged husband to ensure that she leads her "rest of her life with a sense of dignity and pride".

The top court, however, refused to interfere with the findings of the Delhi High Court and trial court which had dissolved her marriage with her estranged husband on the ground of cruelty.

A bench of Justices Kurian Joseph and Hemant Gupta noted that her estranged husband is no more and she cannot contest the matter on merit.

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"It is also submitted that the petitioner is not concerned about the marital status but is seriously disturbed about the findings rendered by the Courts.

Since the petitioner has no objection if the order granted by the Courts on the ground of cruelty is sustained, all other imputations on the character of the petitioner are expunged except the cruelty," the bench said.

The woman's husband has expired during the pendency of appeal before the high court against the trial court order.

Advocate Dushyant Parashar, appearing for the woman, said that the apex court should expunge the finding qua the character of the women as her estranged husband is no more.

"The petitioner being women against whom the estranged husband had alleged her being unchaste. The alleged allegation by him qua her character and finding to that effect may be expunged from the judgment of the courts below, so that she can lead her rest of her life with a sense of dignity and pride," Parashar said.

He said that he prays that the scandalous allegations levelled against the woman may be expunged from the judgment of both the courts below.

The Delhi High Court had on April 9, upheld the findings of trial court given in 2010 and granted the couple, who were married since November, 1987, divorce on the ground of cruelty.

The woman in plea said the high court erred in accepting the respondent/husband's false allegation of adultery and the second marriage.

She said that the photographs produced by the respondent/ husband were not supported by any negative and are morphed, forced and manipulated.

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