an illicit relationship in a marriage cannot be based solely on imagination- Allahabad High court

In a recent judgment, the Allahabad High Court ruled that mere allegations of an illicit relationship in a marriage cannot be based solely on imagination; they must be explicitly stated. The Court, comprising Justice Saumitra Dayal Singh and Justice Shiv Shanker Prasad, granted a decree of judicial separation under Section 13A of the Hindu Marriage Act, 1955, emphasizing that minor disputes between spouses shouldn’t be considered as cruelty, as it could endanger many marriages if treated as such.

The case involved a marriage from 2013 where both parties accused each other of non-consummation. The husband sought divorce, alleging cruelty due to the wife’s refusal to consummate the marriage. He claimed she mistreated his parents, incited a mob to chase and accuse him of theft, and filed a false dowry demand case. The wife also alleged the husband had an illicit relationship with his sister-in-law.

The Family Court dismissed the divorce plea, acknowledging discrepancies in claims and the lack of evidence to support cruelty. The High Court echoed similar sentiments, noting that instigating a mob on false grounds doesn’t necessarily constitute cruelty unless it significantly harms the marriage. It emphasized that cruelty, although not explicitly defined, should involve serious acts detrimental to the relationship, not trivial disputes.

The High Court refuted the allegations of an illicit relationship between the husband and his sister-in-law, stating it couldn’t be inferred merely from sharing a room. It suggested that in cases of prolonged separation without attempts to reconcile, the Court should consider granting judicial separation under Section 13A instead of divorce, especially when no efforts for conjugal rights restitution were made.

Ultimately, the Court highlighted the importance of clearly substantiating allegations, especially regarding sensitive matters like illicit relationships, and suggested judicial separation when couples haven’t cohabited or consummated their marriage for an extended period without seeking reconciliation