'Wife Who Left Matrimonial Home Voluntarily, Had Extramarital Affair Not Entitled To Divorce': Madhya Pradesh HC

Jabalpur, July 16: The Madhya Pradesh High Court has upheld the dismissal of a woman's divorce petition, holding that a spouse who voluntarily leaves the matrimonial home and is found to have been involved in an extramarital relationship cannot seek relief by taking advantage of their own wrongdoing under the Hindu Marriage Act.

A Division Bench of Justice G. S. Ahluwalia and Justice Anuradha Shukla observed that the wife had failed to prove her allegations of cruelty, dowry harassment and physical violence against her husband.

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The court also noted that she had voluntarily left the matrimonial home and was involved in an adulterous relationship, making her ineligible for divorce under Section 23(1)(a) of the Hindu Marriage Act, 1955. The judgment was reported as 2026 LiveLaw (MP) 276.

Court Finds No Proof

The couple married in 2015 and did not have any children. The wife sought divorce on the grounds of cruelty, alleging that her husband physically assaulted her after consuming liquor, demanded dowry, questioned her character and even forced her to establish illicit relationships with others. She also claimed she had been compelled to leave the matrimonial home three years before filing the divorce petition.

The husband denied all the allegations and maintained that the wife had left the matrimonial home on her own along with her brother after taking her stridhan and other valuables.

He also told the court that the wife had gone missing in 2019, following which he lodged a missing person's report. According to him, he wanted to resume marital life and restore conjugal rights.

Extramarital Affair Considered

After examining the evidence, the Trial Court dismissed the divorce petition, finding that the wife had failed to establish either cruelty or desertion.

Upholding the decision, the High Court observed that her allegations of dowry harassment and physical violence were vague and unsupported by evidence. It noted that she had not specified the articles allegedly demanded as dowry or explained the nature of the cruelty she claimed to have suffered.

The Bench described the allegations as "omnibus" and lacking corroborative evidence. It further referred to a criminal case in which the wife had lodged an FIR against three men.

The Trial Court had prosecuted four persons for offences including rape, criminal conspiracy, kidnapping, wrongful confinement and criminal intimidation under the Indian Penal Code.

However, the Sessions Court acquitted the accused after holding that one of them had established physical relations with the wife with her consent. That acquittal was never challenged.

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Referring to these findings, the High Court observed that the appellant herself had voluntarily left the matrimonial home and had engaged in an adulterous act. It further held that none of the allegations of cruelty or dowry harassment had been proved.

Relying on Section 23(1)(a) of the Hindu Marriage Act, the court concluded that a petitioner cannot seek relief by taking advantage of their own wrong and dismissed the appeal, affirming the Trial Court's order.

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