RAIPUR: The Chhattisgarh High Court recently held that if a husband brings home a concubine during his marriage to another woman, and if the wife leaves the home as a result, it would not amount to desertion, reports Bar and Bench.
The husband had moved the High Court in appeal against an order of the family court refusing to grant him a divorce on the ground of desertion; he claimed that he married his wife 26 years ago, and for the past 25 years, she had deserted him without cause; the wife stated that the appellant had kept a concubine and due to the torture meted out to her, she left.
The court found the claim of the wife to be true and held thatleaving for this reason did not amount to cruelty; thus, the order of the family court refusing grant of divorce was upheld.
The respondent-wife informed the court that she was subjected to physical and mental torture by her husband.Infact,hehad kept another woman as his wife and asked the respondent to return to her parental village. The court was also informed that the appellant was on the verge of retirement and the suit was filed with the aim of depriving her of her lawful claim since she was recorded as the wife in his service records.
The Division Bench also found the question of desertionfor the last 25 years to be completely falsified, since the marriage was solemnised 26-27 years back, after which three children were born. “When the marriage was solemnised between the parties 26-27 years back and three children were born thereafter, how it can be presumed that the wife has deserted thehusband for about 25 years i.e. immediately after marriage,” the Bench remarked.
Further, the court took note of the fact that during the subsistence of the marriage, the appellant kept another woman as his wife, which in itself was illegal
