Birth Of Daughter From Another Woman Proves Husband's Illicit Relationship; Wife Justified In Living Separately: HP High Court

The Himachal Pradesh High Court has held that the birth of a daughter from another woman clearly depicts that the husband had a relationship with her while still being married to his first wife. The Court held that this conduct compelled the wife to live separately, and therefore, she could not be accused of desertion.

Justice Vivek Singh Thakur remarked that: “Birth of a daughter... clearly depicts that either appellant was already in a relationship with someone or developed relations thereafter... respondent has been compelled to live separately.”

The petitioner, Desh Raj Gupta, filed an appeal under Section 28 of the Hindu Marriage Act, 1955, challenging the order of the District Judge, Shimla, which had dismissed his divorce petition filed under Section 13(1)(ia) and (ib) of the Act.

The petitioner and the respondent got married in 1993 in Shimla. The petitioner contended that the respondent left his company without any reason, as she could not adjust herself in a small town.

In response, the respondent denied the petitioner's allegations and contended that it was her husband who had left her at her parental house in Shimla and never returned and solemnised the marriage with someone else.

The High Court observed that the parivar register showed the name of a girl born in 1996 as the daughter of the petitioner, Desh Raj. Thus, the Court remarked that this indicated that the petitioner had a child with another woman.

Thereafter, the Court dismissed the appeal and upheld the District Court's findings.

Case Name: Desh Raj Gupta v/s Urmila Gupta

Case No.: FAO (HMA) No. 304 of 2014

Date of Decision: 23.09.2025

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