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The Chhattisgarh High Court recently ruled that if during the marriage, the husband brings home another woman as his partner which leads to the wife moving out, it would not amount to desertion on part of the wife. 

The bench of Justices Goutam Bhaduri and Rajani Dubey stated, "If the husband keeps another lady; gives shelter to her; and proceeds to have child with the said lady and for that reason if the first wife has to leave the matrimonial home because of physical and mental torture meted out to her it cannot be presumed as a desertion on the part of wife."

The court was dealing with an appeal filed by a man against the Family Court order whereby he had been denied a decree of divorce on the ground of desertion.

It was his case that without any lawful cause his wife had herself left his company for a continuous period of about 25 years prior to the presentation of the suit, which was desertion, and therefore, the Court below ought to have granted the decree of divorce in his favor. 

On the contrary, the woman had alleged that she did not desert her husband, instead, when she was pregnant with their third child, her husband had brought home one concubine which led to family disputes.

She had claimed that thereafter, the man started quarreling and asked her to live the village with an assurance that he would pay the expenses Subsequently, his's family members also started quarreling with her, and hence she had to go to her parental village.

At the outset, the court refuted husband's allegation that the wife disserted him soon after the marriage 25 years ago pointing out that the marriage was solemnized 26-27 years ago and three children were born out of wedlock thereafter.

Court said, "When the marriage solemnised between the parties 26-27 years back and three children were born thereafter, how it can be presumed that the wife has deserted the husband for the last about 25 years i.e. immediately after marriage."

Court also stressed that evidence of the parties showed that one lady was kept by the man during subsistence of marriage with his wife and the wife was forced to leave her matrimonial home to stay at her parental house because of the torture meted out to her.

Accordingly, the court dismissed the appeal affirming the Family Court’s order and held that no ground for desertion was made out by the husband.

Case Title: Uttamram vs Kayaso Bai