In nainsukh v. seema devi ,the himachal Pradesh high court held that no wife can be forced to live in the matrimoanial home if the husband keeps another lady.
The judgement was made when the husband filed a plea that her wife deserted him and he wants divorce on the ground of cruelty and desertion.The court however founded the allegations to be vague and general in nature and thus dismissed the plea.
The court further held that the wife had reasonable ground to leave the matrimonial home as the husband had married another lady and the husband’s claim of cruelty was also not substantiated .
Hence the divorce plea of the husband on the ground of cruelty and desertion was dismissed and the family court order was upheld.
Written by: Pratik kumar Yadav, College : faculty of law ,du ,an intern under legal vidhiya
