Case at a Glance
The Family Court, Bokaro, dismissed a husband's divorce petition in 2018 because he had not proved cruelty. While his appeal was pending, the wife married another man in November 2024. The husband brought this on record as additional evidence, and the wife's counsel did not dispute it. The Jharkhand High Court held that marrying someone else while the first marriage subsisted amounted to cruelty, set aside the Family Court's decree and dissolved the marriage.
Background
The parties married on 2 June 2013 at Deoghar. They separated within months, the husband saying the wife left in October 2013 and the wife saying she had lived with her parents since March 2014. The husband filed and later withdrew a restitution suit, and the wife filed a complaint case against him and his parents.
The husband's divorce suit, Original Suit No. 323/2015 before the Family Court, Bokaro, was dismissed on 29 August 2018 for failure to prove cruelty. During his appeal, he applied under Order 41 Rule 27 CPC to bring on record evidence that the wife had married another person on 22 November 2024.
The Question Before the Court
Does a spouse's marriage to another person while the first marriage subsists amount to cruelty justifying divorce?
Conduct During the Appeal Counts
The Court noted that "cruelty" is not defined in the Hindu Marriage Act and relied on the Supreme Court's guidance on mental cruelty in Samar Ghosh v. Jaya Ghosh and A. Jayachandra v. Aneel Kaur. It accepted the additional evidence that the wife had married another person on 22 November 2024, which her counsel did not dispute.
Holding that this conduct, while the earlier marriage still subsisted, amounted to cruelty, the Court decided the cruelty issue in the husband's favour. It set aside the Family Court's judgment and decree and dissolved the marriage.
What the Court Held
- Additional evidence of the wife's later marriage was admitted on appeal.
- Marrying another person while the first marriage subsists amounts to cruelty.
- The cruelty issue was decided in the husband's favour.
- The Family Court's decree was set aside and the marriage dissolved.
Why It Matters
- Conduct after the trial can decide a matrimonial appeal.
- Remarrying before a marriage is dissolved has serious legal consequences.
- Appellate courts can admit additional evidence of later events.
For Litigants / For Counsel
For litigants
- Do not remarry until your earlier marriage has been lawfully dissolved.
- Events during an appeal can change its outcome.
For counsel
- Use Order 41 Rule 27 to bring material later events on record.
- Check whether the opposite side disputes new evidence.
Key Takeaways
- Second marriage during appeal.
- Treated as cruelty.
- Family Court decree set aside.
- Marriage dissolved.
FAQs
Why did the husband lose at trial?
He had not proved cruelty on the original evidence.
What changed on appeal?
The wife married another man while the appeal was pending.
Was alimony decided?
The judgment does not address alimony.
Conclusion
The Jharkhand High Court held that a spouse who marries again while the first marriage subsists commits cruelty that justifies divorce.
Practical takeaway: a marriage must be lawfully ended before either spouse remarries.