Jaipur: A family court in Jaipur has granted divorce to a husband, holding that his wife's conduct towards another man, including observing the Karwa Chauth fast for him, applying mehendi bearing his name, and accepting him as her husband, went beyond the boundaries of a normal friendship and amounted to adultery and mental cruelty.
Judge Vishal Bhargava of Family Court-2 allowed the husband's divorce petition, which was filed on January 27, 2023, bringing an end to the couple's marriage solemnised in May 2013.
Court Examines Wife's Conduct
In its order, the court observed that the wife's conduct, considered alongside other circumstances of the case, had made it difficult for the husband to maintain trust, emotional stability, and the marital relationship.
The judge noted that the wife had admitted to performing marriage-like rituals with another man in Goa and behaving towards him as if he were her husband. She had also observed the Karwa Chauth fast for him and applied mehendi bearing his name on her hand.
The court held that the wife's conduct went well beyond the limits of an ordinary friendship and reflected a failure to fulfil her marital obligations towards her husband.
Husband Alleges Lack Of Marital Intimacy
The husband had told the court that his wife had refused to have physical relations with him since 2019 and that they had not shared an intimate relationship for four years.
While the court did not fully accept the husband's claim on this aspect, it observed that prolonged deprivation of marital companionship could also amount to mental cruelty.
The court further noted that documentary evidence and other material indicated that the couple had been living separately for around 15 months.
Court Notes Additional Family Concerns
Apart from her relationship with the other man, the court took note of allegations concerning the wife's conduct towards her husband and his family, including inappropriate and disrespectful behaviour towards her in-laws.
The court also observed that she had failed to provide proper care for their minor son.
The child was born in 2018 and was around six years old when the divorce petition was filed in 2023.
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Marriage Dissolved On Mental Cruelty Grounds
Considering the overall circumstances, including the wife's conduct towards the other man, the breakdown of marital trust and the couple's separation, the court concluded that the husband had been subjected to mental cruelty.
The court accordingly allowed the divorce petition and dissolved the marriage, which had lasted nearly a decade before the petition was filed.
