Adultery can be a reason for granting divorce, says Bombay High Court

The Bombay High Court on Monday upheld a family court verdict granting divorce to a man whose wife failed to produce proof that her second child was the husband’s biological son. The court’s decision came after it had noted how the wife refused to go through a DNA test.

Adultery can be a reason for granting divorce, says Bombay High Court. According to the petition filed in the family court, the couple was married in 2002 and the wife shifted to her parents’ home in June 2005 after contracting tuberculosis. However, when she moved back to her husband’s house after about seven months, she was already three months pregnant even though the two did not indulge in an intercourse during the said period.

The husband who argued that the act of his wife amounted to mental cruelty, seeked for a DNA test in order to prove that he was not the biological father of the child. However, the wife did not give consent to be put through any such tests.

After the family court had ruled in favor of her husband, the woman challenged the verdict by filing an appeal in Bombay High Court seeking restitution of conjugal rights. She also demanded monthly maintenance and permanent alimony for the second child.

The High Court, however, noted that the woman was mandatorily required to produce evidence that her husband was, in fact, the biological father of her second child. But during the trial, the court noted that there was “no evidence to corroborate the case of the wife”. It also added that the wife’s arguments could not be taken as reliable and trustworthy on face value.

“A single act of adultery is enough to grant decree of divorce and that there cannot be greater form of cruelty than this which can be meted out by a wife to her husband,” a division bench comprising of judges VL Achliya and VK Tahilramani said on Monday.

“This cruelty is such that it causes mental and emotional suffering,” the bench added.

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