CHENNAI: The Madras High Court recently granted a divorce to a man on grounds of adultery by his wife, observing that while there was no direct evidence of sexual intercourse, there was sufficient material indicating her proximity with another married man.
A Division Bench of Justice CV Karthikeyan and Justice K Rajasekar said adultery is usually an act carried out in secrecy, making it extremely difficult to produce direct evidence of sexual intercourse.
"It is also to be noted that adultery itself is an act of secrecy," the Bench observed, adding that though dissolution of marriage can be granted only when sexual intercourse is proved, obtaining direct evidence in such cases would be "extremely impossible".
The court was hearing an appeal filed by a CRPF constable against a family court order refusing to grant a divorce on the grounds of adultery.
The husband alleged that after their marriage in 2011, frequent quarrels arose as his wife failed to perform her marital obligations and had developed an illicit relationship with another man, which was allegedly known in the village.
He further submitted that the other man's wife had lodged a complaint before the All Women Police Station, following which a CSR was issued. Claiming mental agony and pointing out that his wife had not responded to his legal notice, he sought divorce under Section 13(1)(i) of the Hindu Marriage Act.
The wife denied the allegations and accused her husband's family of harassing her for dowry in his absence. She also stated that she had lodged complaints against them.
The Bench noted that the continuous conversations between the wife and the other man had led to gossip in the village and caused mental agony to the husband. It also took note of the complaint lodged by the other man's wife, observing that she, too, appeared disturbed by the relationship.
Considering the circumstances, the court held that the possibility of adultery could not be ruled out and allowed the husband's appeal, dissolving the marriage.