The Patna High Court has dismissed a husband’s appeal seeking dissolution of his marriage, holding that an allegation of an extramarital relationship cannot be established merely by claiming that the wife was found in a “compromising position”.
A Division Bench of Justice Bibek Chaudhuri and Justice Rana Vikram Singh upheld the Family Court’s decision rejecting the divorce petition.
Background of the Case
The marriage between the appellant and the respondent took place on July 2, 2006, and the couple had a son in 2010. The husband alleged that his wife had an illicit relationship with the husband of her elder sister and that he had once seen them together in a compromising situation. He also alleged that she was later taken away from the matrimonial home by her family members in March 2013.
The wife denied the allegations and claimed that the accusation itself amounted to cruelty. She also alleged that the husband had attempted to harm her by poisoning.
The High Court found that the husband had not produced sufficient evidence to establish that his wife had a sexual relationship with the other man. The Bench specifically distinguished between being in a “compromising position” and actually having sexual intercourse.
" There is gulf of difference between the term “compromising position” and “having sexual intercourse”. "
The Court also noted that no complaint was made after the alleged incident, either to the police or to the husband’s family members.
Referring to the standard required to establish adultery, the Bench observed that mere probability was insufficient and that the evidence must clearly support the allegation.
The Court held that the allegations of cruelty were vague and unsupported by adequate evidence. Finding no illegality in the Family Court’s judgment, the Bench dismissed Miscellaneous Appeal No. 445 of 2024 and affirmed the decree passed by the Principal Judge, Family Court, Madhubani.
