Chhattisgarh HC - Wife leaving husband on the ground that husband kept a concubine cannot be considered as desertion

The Chhattisgarh High Court, while dismissing an appeal, observed that if a wife leaves her matrimonial home due to the fact that her husband keeps a concubine, it cannot be presumed as desertion by the wife.

The Bench of Justice Goutam Bhaduri and Justice Rajani Dubey was hearing an appeal by a husband against the order of the Family Court. The family Court rejected the husband's plea for divorce on the ground of desertion by his wife.

As per the husband, they got married 26-27 years ago, and the respondent had been living separately for 25 years. In contrast, the respondent argued that the appellant kept another lady as his wife and asked the respondent to stay at her parental village—the respondent for mentally and physically tortured and was forced to stay at her parent's house.

The Court observed that out of the wedlock, three daughters were born. The Court further noted that the parties got married 27 years ago and had three children, but the respondent deserted him 25 years ago as per the appellant. "The allegations of the appellant appear to be falsified."

Further, noting that the appellant admitted that he kept another woman as the second wife and was blessed with two children, it is apparent that the appellant kept the second wife during the subsistence of his first marriage. The Court remarked that it is illegal under the Hindu Marriage Act, 1955. Hence, it is clear from the facts that the respondent did not desert the appellant.

Author: Papiha Ghoshal