Jharkhand High Court Husband’s Affair: The Jharkhand High Court has granted a divorce to a woman doctor after finding that her husband’s relationship with another woman and his treatment of his wife caused her mental cruelty. The court said that asking a wife to accept an affair and live with the other woman as a “younger sister” was a serious form of mental cruelty.
A bench of Justice Sujit Narayan Prasad and Justice Pradeep Kumar Srivastava overturned the Hazaribagh Family Court’s earlier decision to reject the woman’s divorce plea. The judgment was pronounced on September 23, 2026, after being reserved on August 17, 2026.
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How the Case Reached the High Court
The couple are both medical practitioners. They got married on February 24, 2018, in Charhi, Hazaribagh, but started living separately on September 5, 2019. They don’t have any children.
The husband filed a case on January 18, 2022, asking the court to direct his wife to return and live with him. He received an ex parte order on January 17, 2023. The wife had filed for divorce on April 5, 2022, claiming cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
The Family Court rejected her plea on November 17, 2023, saying she hadn’t proved her allegations. She then challenged this decision before the High Court through First Appeal no. 82 of 2024.
What the Wife Told the Court
The woman alleged that her husband was having an affair with a widow. She said he had signed a promise to end the relationship after their families intervened, but the affair continued.
She also accused him of repeatedly assaulting her. According to her claims, the violence caused serious health problems, including a spinal condition and osteoarthritis. Her father, uncle and brother supported her account in court. She also submitted medical records as evidence.
The High Court found that the Family Court hadn’t properly examined all the evidence together. It also said that the medical records couldn’t be rejected simply because they came from a clinic owned by the woman’s father.
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Court’s Findings and Final Order
The bench held that the husband’s conduct amounted to mental cruelty. The judgment stated:
“it is the mental cruelty caused by him by having illicit relationship with another women”
The court also considered the couple’s long separation. Referring to the Supreme Court’s decision in Samar Ghosh v. Jaya Ghosh (2007) 4 SCC 511, it noted that a long period of separation can also support a finding of mental cruelty.
The judges observed that “the thread of trust has already been broken” and said that “it is manifest that the marriage has broken down and is beyond repair”.
The High Court set aside the Family Court’s order and granted the divorce under the Hindu Marriage Act, 1955. It didn’t fix any alimony amount but allowed the wife to approach the Family Court under Section 25 of the Act for financial support by filing a separate case and presenting evidence. Pending applications were disposed of, no costs were ordered and no child custody issue arose because the couple have no children.
