Divorce - Second marriage or live-in relationship and the birth of a child constituted cruelty
Himachal Pradesh High Court Upholds Dismissal of Divorce Petition in Desh Raj Gupta Case. Allegations of cruelty and desertion against Urmila Gupta found unsubstantiated; evidence of appellant's second marriage or live-in relationship proved.
In a significant judgment, the Himachal Pradesh High Court has dismissed the appeal filed by Desh Raj Gupta challenging the order of the District Judge, Shimla, which had refused to dissolve his marriage with Urmila Gupta. The case, FAO (HMA) No. 304 of 2014, was adjudicated by Mr. Vivek Singh Thakur, J., who upheld the earlier ruling, finding no substantiation in the allegations of cruelty and desertion leveled by the appellant against the respondent.
The appellant, Desh Raj Gupta, had sought divorce under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955, claiming that his wife deserted him without cause and treated him with cruelty. However, the respondent, Urmila Gupta, countered these claims, asserting that the appellant had left her at her parental home in Shimla and had engaged in a second marriage or a live-in relationship, which resulted in the birth of a child.
The court meticulously examined the evidence, including testimonies and documentation such as the Parivar Register, which recorded the birth of a daughter to the appellant from another relationship. This evidence, along with the appellant's failure to refute the claims about his second marriage during proceedings, led the court to conclude that the appellant's actions provided valid grounds for the respondent to live separately. The court further noted that the appellant's conduct constituted cruelty, thus compelling the respondent’s separation, and dismissed the allegations of desertion or cruelty against her.
The judgment highlights the importance of substantive evidence in divorce proceedings and reinforces the legal stance that unfounded allegations cannot form the basis for dissolving a marriage. The court also remarked on the appellant’s conduct in leveling false allegations of illicit relations against the respondent, which were found baseless and indicative of cruelty on his part.
This judgment reaffirms the legal principle that actions causing mental or physical hardship, such as engaging in a second marriage without divorce, can indeed compel a spouse to live separately and cannot be construed as desertion.
Bottom Line:
Allegations of cruelty and desertion were not substantiated, while it was established that the appellant had been in a live-in relationship or second marriage, which provided valid grounds for the respondent to live separately.
Statutory provision(s): Hindu Marriage Act, 1955 Sections 13(1)(ia), 13(1)(ib), Section 28
Desh Raj Gupta v. Urmila Gupta, (Himachal Pradesh) : Law Finder Doc id # 2782463
