The Madhya Pradesh High Court ruled that a wife cannot claim a “victim card” for mental cruelty regarding character aspersions if unchallenged judicial findings establish that she engaged in an adulterous relationship.

The appellant-wife approached the High Court challenging the judgment of the Principal Judge, Family Court, Shivpuri, dated March 8, 2022.

The Family Court had dismissed her divorce petition filed under Section 13(1) of the Hindu Marriage Act, 1955.

She had originally sought dissolution of her 2015 marriage on the grounds that her husband subjected her to physical cruelty, demanded dowry, and forced her to leave the matrimonial house.




The court first examined the wife’s claims regarding physical violence and dowry demands. It noted that the allegations were entirely omnibus
and that no FIR was ever lodged by the appellant regarding the alleged dowry harassment.

On the issue of desertion, the court noted that the wife’s own cross-examination and her sworn affidavit revealed she left the matrimonial house without any compulsion or torture. 

The Gwalior Bench of the High Court clarified that when a spouse’s voluntary sexual activity outside of marriage is legally proven and goes unchallenged, allegations that the husband subjected her to cruelty by questioning her character hold no validity.