Mental harassment

Dear Client,
The relationship of either spouse with another woman or man is defined as Adultery under Section 13 (1) of the Hindu Marriage Act. 1955 and considered a valid ground for divorce by the Marriage Laws Amendment Act, 1976. However, an extramarital affair or adultery is no longer a criminal offense as per the judgment passed by a five-judge Bench of the Supreme Court on September 27th, 2018, decriminalizing adultery. However, adultery can still be considered grounds for divorce and can have legal and social consequences. It would be a crime if a married person stays even in a live-in relationship with another person without ending his or her previous marriage. The Hon'ble Punjab and Haryana High Court have held that a couple living together without divorcing the earlier spouse does not fall within the definition of a "live-in relationship" or ties in the "nature of marriage". The court also said it constitutes an offense of bigamy under Sections 494/495 of the IPC (Sections 82(1) & 82(2) of BNS) that attracts punishment of imprisonment for seven years or more, depending on the severity of the crime. So, in the given scenario, if you can prove the offence of bigamy against your husband, you can file a criminal suit against him under Sections 82(1) & 82(2) of Bharatiya Naya Sanhita(BNS). Hence, it is advisable to consult with a professional who has expertise in counseling about extramarital affairs, as they can offer insight that may not have occurred to you before taking any legal action against your husband. In the prevailing situation, you may consider judicial separation or divorce on the grounds of mental cruelty or desertion to resolve the matter permanently. Either spouse can obtain a decree of divorce if one spouse has treated the other with cruelty. Section 13 (1) (ia) of the Hindu Marriage Act, 1955, allows either spouse to seek divorce on the grounds of cruelty. Mental cruelty is a course of conduct on the part of one spouse that can endanger mental health and cause apprehension in the mind of the other spouse to such an extent as to be injurious for him or her to continue the marital relationship. The appellant needs to prove that further continuance of the matrimonial relationship is harmful to the mental health along with physical health of the appellant. The party seeking divorce on the grounds of cruelty can submit audio, video, or written evidence to prove his or her claim. Both under Section 25 of HMA or Section 125 Cr. PC, any person having sufficient means is liable to support his wife, provided that she is unable to maintain herself. A variety of criteria are used to determine the validity of the claim for maintenance as well as the determination of the final amount provided. Certain guidelines had been set down by the Supreme Court in its judgment in the case of Rajnesh versus Neha (2020), which include the parties’ status, the applicant’s (in this case the wife’s) needs, and the respondent’s income and property, the claimant’s liabilities and financial responsibilities, the parties’ age and employment status, the parties’ residential arrangements, the parties’ minor children’s maintenance, and illness or disability. If maintenance gets paid monthly, the Supreme Court of India has established a benchmark value of 25% of the husband's net monthly earnings to get awarded to the wife. The courts have also held that maintenance can be granted to the wife even if she is living separately from her husband due to his ill-treatment or other reasons. To enforce maintenance orders court can issue various orders, including attachment of the salary or property of the husband, Non-compliance can also lead to imprisonment, as per Section 125(3) of Cr. PC. A contested divorce is more expensive and time-consuming than a mutual consent divorce. However, grounds for one-sided/contested divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.