Patna: The Patna High Court has dismissed an appeal filed by a husband seeking to end his marriage on grounds of adultery and cruelty. The court held that merely seeing a wife in an objectionable situation does not by itself prove that she had sexual relations with another person.
A division bench of Justice Vivek Chaudhary and Justice Rana Vikram Singh upheld the order passed by the Principal Judge of the Family Court in Madhubani.
The couple got married on July 2, 2006, and had a son in 2010. According to the husband, his wife allegedly developed an illicit relationship with her brother-in-law after the birth of their child. He claimed that he had seen the two in an objectionable situation.
Wife Called Allegations Fabricated
The wife denied the allegations and described them as false and fabricated. She argued that making such allegations against her amounted to cruelty in itself.
She also alleged that her husband had attempted to kill her by poisoning her.
The High Court, however, observed that merely making an allegation is not sufficient and that the person making the claim must produce evidence before the court to establish it.
‘Objectionable Situation and Sexual Relationship Are Different’
The High Court made it clear that being found in an objectionable situation and having a sexual relationship are two different things.
The bench also took note of the fact that after the alleged incident, the husband did not file any police complaint or even lodge a sanha (a station diary/general information entry). He also did not bring the matter before his in-laws or other relatives at the time.
Considering the circumstances and lack of supporting evidence, the High Court refused to accept the allegation of adultery as proved and dismissed the husband’s appeal.
