A division bench of Justices Suresh Kumar Kait and Neena Bansal Krishna of Delhi High Court while rejecting the appeal of the wife, held that a husband living with another woman after long years of separation from wife cannot be termed cruelty.

“Even if it is accepted that the respondent-husband has started living with another woman and has two sons during the pendency of divorce petition, that in itself, cannot be termed as cruelty in the peculiar circumstances of this case when the parties have not been co-habiting since 2005. After such long years of separation with no possibility of re-union, the respondent husband may have found his peace and comfort by living with another woman, but, that is a subsequent event during the pendency of the divorce petition and cannot disentitle the husband from divorce from the wife on the proven grounds of cruelty”.

The plea was filed by the woman challenging the family court’s order for granting divorce to the husband on the ground of the cruelty.

The couple got married in the year 2003, however after the several disputes arose between them, they started living separately since 2005.

The wife alleged that despite of having lavish wedding, the husband made several demands, she further alleged that her mother-in-law gave her some medicine with assurance that a son would be born in intent to abort her pregnancy.

The appellant-wife contended that they had a lavish wedding and despite that the husband made several demands. She said that she was given some medicines by her mother-in-law with an assurance that a son would be born but it was intended to abort her pregnancy.

The bench said that woman first claimed that her husband got married and sired two sons, however there is no specific details or proof regarding his second marriage has been tendered on record or given in the complaint before the police station.

The high court rejected the plea of the woman and upheld the order of the family court of granting divorce to the husband.