Husband's Infidelity: Grounds for Divorce in India

2025 0 Supreme(Guj) 1266

This was the first marriage of the wife and the second marriage of the husband. ... (2) The husband had, in fact, lost his first wife when she committed suicide and out of his earlier marriage, the husband had a son, who was aged about 13 years as on the date of his second marriage. ... The wife, in fact, was aware that the husband was married earlier and his earlier wife had committed suicide and out of the earlier marriage, he al....

2025 Supreme(Online)(Kar) 23241

In the case on hand, the marriage was performed in the year 2003 and the husband contracted second marriage within four years of marriage i.e., in the year 2007. ... The petitioner - husband during the subsistence of first marriage in the year 2006 contracted second marriage with one Gangubai daughter of Shyamaraya. ... All her aspirations turn to be a nightmare to her and second point is the husband contracted second marriage durin....

Delhi High Court

(xiii) Unilateral decision of either husband or wife after marriage not to have child from the marriage may amount to cruelty. ... Though adultery might not have been proved by the appellant/husband in the present case but the fact that there was a quarrel between the husband and the wife on this ground shows that all was not well in the marriage. ... The facts in brief, as alleged by the appellant/husband are that the marriage between the appellan....

2023 0 Supreme(Kar) 1272

Consequently, the petition seeking dissolution of marriage filed by the husband is allowed. Marriage solemnised on 15.11.2007 is dissolved by a decree of divorce. ... It is further alleged that from the date of marriage, the wife was harassing the husband without there being any cause. ... The wife contends that the husband was having this relationship even before the marriage and that relationship continued even after the marriage. This aspect of th....

2025 Supreme(MANIPUR) 4

and late husband converted to Roman Catholic after their marriage. ... Nikhini, the father of her daughter prior to the marriage with late husband and also that the respondent/petitioner failed to prove that the appellant/respondent did not marry with late husband under the customary law and at the time of her marriage with her late husband, the said marriage of her late ... But, in her application, the date of her marriage with her....

2024 0 Supreme(Bom) 87

The first marriage of the husband is subsisting. During the subsistence of the first marriage, the husband contracts a second marriage. A plain reading of Section 494 would give a cause to the wife from the first marriage to register an offence under Section 494 of the IPC against the husband. ... —This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent juris....

The defendant, on the other hand, deposed that she was infected by her husband, and that the disease appeared two months after the marriage, and that her husband subsequently re-infected her. ... But it does not follow from the fact that the husband was suffering from this disorder at or shortly after his marriage; that he was guilty of adultery during the marriage. The facts are quite consistent with the plaintiff having contracted the disease before marriage.....

2024 0 Supreme(Cal) 332

The observation of the learned Judge that in a happy marriage the wife provides the climate and husband the landscape is an archaic notion which has gradually eroded with the advancement of society in all respect. ... (iii) The mother of the respondent husband was hospitalised prior to the marriage for the treatment of fracture of her right hand on 25.2.2011 but the appellant/wife did not tolerate the same and used filthy languages. ... (ii) The appellant wife since after the solemnisation of the marriage#HL_....

Current Civil Cases

The observation of the learned Judge that in a happy marriage the wife provides the climate and husband the landscape is an archaic notion which has gradually eroded with the advancement of society in all respect. ... (iii) The mother of the respondent husband was hospitalised prior to the marriage for the treatment of fracture of her right hand on 25.2.2011 but the appellant/wife did not tolerate the same and used filthy languages. ... (ii) The appellant wife since after the solemnisation of the marriage....

2023 0 Supreme(Telangana) 513

So far as Christian husband is concerned, it is impermissible to dissolve the marriage by a decree of divorce on the ground of cruelty and desertion”. ... It shows that the wife requested the employer of the husband for incorporation of her name and the children as the nominees and legal heirs of husband in the service record stating that her husband is trying to contract second marriage clandestinely, without her knowledge and without obtaining divorce ... of the marriage#HL....

2022 0 Supreme(Cal) 493

It is the specific case of the appellant/wife that the marriage has not been consummated as her husband is sexually weak.

2019 0 Supreme(All) 2249

In Hitesh Bhatnagar [Hitesh Bhatnagar v. Deepa Bhatnagar, (2011) 5 SCC 234 : (2011) 2 SCC (Civ) 701], it is noted by this Court that courts can dissolve a marriage as irretrievably broken down only when it is impossible to save the marriage and all efforts are made in that regard and when the Court is convinced beyond any doubt that there is actually no chance of the marriage surviving and it is broken beyond repair. 5.2. In Naveen Kohli [Naveen Kohli v. Neelu Kohli, (2006) 4 SCC 558], a three-Judge Bench of this Court has observed as under: (SCC pp. 579-80 & 582, paras 74, 85 & 86) It also ....

2019 0 Supreme(P&H) 2122

It stands proved that the act and conduct of the wife was such which would entitle the husband to dissolution of his marriage. The evidence led, unerringly points to the wife being in an adulterous relationship with respondent No.2 - Preet @ Pritpal Singh and to cover up her own wrongs, she has levelled false allegations against the husband.

2017 0 Supreme(Mad) 1517

It is also the case of the respondent/husband that the marriage was never consummated owing to the physical condition of the wife. Secondly, it is stated that the HMOP is filed under Section 12(1)(c) of the Hindu Marriage Act, and it is typographically written as Section 12(1)(a), for which the amendment application was filed and the same is pending. Hence, the annulment of the marriage was sought for.

2007 0 Supreme(Ker) 251

The court below dismissed the Petition on the following grounds: (a) Within six days of the marriage, the brothers of the wife demanded the fixed deposit receipts from the loner: (b) The parties lived as husband and wife for the outside world for more then 12 years without having any sexual intercourse with each other; (c) The wife agreed to act the role of the wife at the request of the husband; (d) No notice was issued by the husband before filing the Petition; (e) It cannot be said that the wife willfully refused to consummate the marriage; (F) The wife had a valid reason for non consumma....