Birth of Daughter from Another Woman Establishes Husband’s Illicit Relationship; Wife Justified in Living Separately: Himachal Pradesh High Court

In a crucial judgment under the Hindu Marriage Act, 1955, the Himachal Pradesh High Court has held that a wife who is forced to live separately because of her husband’s extramarital relationship cannot be accused of desertion. The case involved an appeal filed under Section 28, Hindu Marriage Act, 1955 by Desh Raj Gupta, challenging the District Judge, Shimla’s decision to dismiss his divorce petition filed under Section 13(1)(ia) (cruelty)…