A family court in Jaipur has dissolved a 13-year marriage, holding that the wife’s conduct towards another man, including observing a Karwa Chauth fast for him, applying henna bearing his name and accepting him as her husband, amounted to adultery and mental cruelty in the circumstances of the case.
Family Court-2 judge Vishal Bhargava allowed the husband’s divorce petition, finding that the wife’s relationship with the other man went beyond ordinary friendship. The couple married in May 2013, and the husband filed for divorce on January 27, 2023.
According to the account of the court order, the woman admitted to taking wedding vows with the other man in Goa and conducting herself as his spouse while her marriage was still in place. The court considered this conduct, along with the Karwa Chauth fast and the henna bearing the man’s name, while deciding the petition.
The husband also alleged that his wife had refused physical intimacy since 2019, claiming that they had not had sexual relations for four years. However, the court did not fully accept his account of the duration. It noted that the documents and evidence established that the couple had been living separately for around a year and three months.
The court nevertheless held that the prolonged denial of marital intimacy amounted to mental cruelty in the circumstances of the case. It also found that the wife had failed to fulfil her marital responsibilities, had not adequately cared for their minor son and had behaved inappropriately and disrespectfully towards her husband’s parents.
Taking these circumstances together, the court concluded that the husband had suffered mental cruelty and that the events had undermined the trust and peace of mind necessary to sustain the marriage. It consequently allowed his petition and dissolved the marriage.