Conviction Of Wife For Murdering Minor Son With Alleged Paramour Amounts To Cruelty: Punjab & Haryana High Court

The Punjab & Haryana High Court has upheld divorce granted to ahusband on the ground of cruelty committed by wife wherein she was convicted for committing murder of her minor son along with her alleged paramour.

Justice Sudhir Singh and Justice Harsh Bunger said, "The involvement and ultimate conviction and sentence of the appellant in such a gruesome crime along with her accomplice i.e. said Gautam (respondent No.2 in the divorce petition) is sufficient to hold that the respondent-husband has been treated with cruelty by her."

The Court was hearing an appeal filed by the wife challenging the divorce granted  by a family court  under Section 13 of the Hindu Marriage Act on the ground of cruelty.

It was alleged that the wife was in an illicit relationship and committed murder of her 4-year-old son in connivance of her alleged paramour. 

The family court granted divorce to the husband on the ground of cruelty while noting that she has been convicted for the murder.

It was submitted by the appellant-wife that merely because the she has been convicted in the aforesaid FIR is no ground to presume that it was her who had committed the murder of her son, especially when an appeal against the judgment of conviction and order of sentence, is pending adjudication.

After hearing the submissions, the court noted that it has not been denied that the wife has been convicted. 

The Court further noted that the Family Court has also considered the fact that the appeal filed by the appellant-wife against the judgment of conviction and order of sentence is pending, "but the factum of her conviction for the murder of the minor son of the parties has clearly proved the mental cruelty caused to the respondent-husband and their minor daughter and, hence, they cannot be expected to live together."

Reliance was placed on Delhi High Court's decision in Swati vs Arvind Mudgal [MAT. APP. 5/2013], wherein the issue raised was whether conviction of a respondent for the offence of murder and sentence of life imprisonment amounts to cruelty as against the other spouse. The Court held that the conviction of the husband amount to cruelty.

"The respondent-husband in his pleadings before the learned Family Court had given specific instances of the appellant-wife being in illicit relations with said Gautam and the fact was not countered by the appellant-wife by leading a cogent and convincing evidence," said the bench.

Referring to Joseph Shine Vs. Union of India, (2019) the Court said that "adultery can be treated to be a ground for civil wrong, including dissolution of marriage."

Stating that the "the conduct of the appellant-wife speaks volumes as regards the cruelty committed to the respondent-husband," the Court said that the findings recorded by the learned Family Court, do not suffer from any patent illegality or perversity.

Consequently, the plea was dismissed.

Title: XXX v. XXX

2024 LiveLaw (PH) 170

Yashasvi Kapila, Advocate, for the appellant.