RANCHI: In a significant judgement, the Jharkhand High Court has observed that allegations of extramarital affair on wife over mere conversation with another man is rooted in gender-based stereotypes and amounts to cruelty.
The Family court had dismissed the husband's divorce petition, holding that he had failed to substantiate his allegations of cruelty and desertion against his wife.
A Division Bench of Chief Justice MS Sonak and Justice Manoj Prasad made the observation while examining the appeal, that cruelty under the Hindu Marriage Act could be either physical or mental, but must be of such a nature that it makes continued matrimonial life untenable and leaves no possibility of restoring conjugal relations.
“The husband’s allegations begin with an assertion that his wife had an extramarital relationship, including statements that she used to talk to an unknown male over the husband’s own mobile phone.
To our considered view, such allegations are typical gender-based stereotypes, where, if a woman talks to a man, even if he is a friend, charges of adultery or of an extramarital relationship are levelled. We are, therefore, of the considered view that such allegations amount to cruelty towards the wife,” stated the court order.
The observation was made while hearing an appeal against the November 30, 2023, judgment of the Bermo Family Court in Bokaro, which had dismissed the husband's divorce petition filed under Section 13(1) (i-a) of the Hindu Marriage Act, 1955.
According to the case details, the couple married on April 30, 2005, and they have two children. Alleging that his wife maintained a distance from him and frequently engaged in disputes with him as well as other family members, the husband sought a divorce.
The husband further alleged that his wife left the matrimonial home on April 15, 2015.
Conversely, the wife denied the husband’s allegations, stating that she had been subjected to harassment and demands for dowry. And she accused her husband of having an illicit relationship with a female colleague.