A division bench of Justices Suresh Kumar Kait and Neena Bansal Krishna said that after such long years of separation with no possibility of re-union, the husband may have found his peace by living with another woman and this cannot disentitle him from divorce from his wife.
“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 Court observed.
It added that the consequence of such liaison shall be borne by the respondent-husband, the woman and the children.
Source: Barandbench
