Facts

Mr. Nayan, a male Hindu, 27-year of age, resident of Ashoka Marg, Nashik was married to
Ms. Deepti, a female Hindu, 29-year of age, resident of Panchvati, Nashik as per the Hindu
customary rites and ceremonies at Nashik on October 22, 2019. Mr. Nayan was a sand artist
whose work was well recognised in many places and Ms. Deepti working as a school teacher
in ‘Modern School’ in Nashik. Mr. Nayan used to be away from home for his work which
made Ms. Deepti feel very lonely. Ms. Deepti had a colleague from school-Mr. Satish, a male
Hindu, 32-year of age, resident of Panchvati, Nashik. Ms. Deepti expressed to Mr. Satish
about the communication problems, lack of respect and an absence of loving behaviour in her
marriage by Mr. Nayan. Ms. Deepti and Mr. Satish exchanged WhatsApp messages in which
they confessed their love for each other. Ms. Deepti and Mr. Satish planned a weekend
getaway from Nashik for two days when Mr. Nayan would be out of Nashik for work. On
March 19, 2021, Mr. Nayan accidentally read the WhatsApp messages between Ms. Deepti
and Mr. Satish, wherein he also found the hotel bookings for April 3-4, 2021 booked in the
name of Ms. Deepti. Mr. Nayan did not question Ms. Deepti about the hotel bookings and
went for work during the said weekend. On June 4, 2021, Mr. Nayan told Ms. Deepti that he
was in love with Ms. Prema, a female Hindu, resident of Bavdhan, Pune whom he met during
one of his work trips in 2018 and used to reside with her over the weekends in Pune on the
pretext of work. Ms. Deepti was shocked to hear the fact of Mr. Nayan’s relationship and
blamed him for their failed marriage. Mr. Nayan then questioned Ms. Deepti about her
relationship with Mr. Satish to which she answered that there was no relationship between
them and he was just a friend. On August 11, 2021, Ms. Deepti filed a petition for divorce on
the ground of adultery against Mr. Nayan. On the other hand, Mr. Nayan alleged that it was
only due to the adulterous relationship of Ms. Deepti that he was compelled to find solace in
Ms. Prema and hence, the petition should be disposed of by the court.
Judgements and Sections

Sec.13 Of Hindu Marriage Act, 1955

13. Divorce.—(1) Any marriage solemnized, whether before or after the commencement of
this Act, may, on a petition presented by either the husband or the wife, be dissolved by a
decree of divorce on the ground that the other party—

1 [(i) has, after the solemnization of the marriage, had voluntary sexual intercourse with any
person other than his or her spouse;

Subbarma v. Saraswathi

The Madras Court ruled that it is possible to assume adultery when an unrelated individual is
discovered with a wife after midnight. In this country, and particularly in rural areas, there
are unwritten taboos and social morality rules that must be taken into consideration. If an
unrelated individual is discovered in physical proximity to a young wife after midnight in her
bedroom, unless an explanation emerges that is consistent with an innocent reading, the only
conclusion that a court of law may reach must be that the two were engaging in adultery
together.

Sulekha Bairagi v. Prof. Kamala Kanta Bairagi

Both Sections 10 and 13 of the Hindu Marriage Act were in play in the dispute between
Sulekha Bairagi and Professor Kamala Kanta Bairagi. The spouse claims that she used to
ignore her responsibilities and frequently visited the home of the co-respondent, where she
was even caught in a lewd act. In this instance, judicial separation was granted after the
petitioner's case was decided in his or her favour on the basis of the presented evidence.

Conclusion

According to the given facts of the case the evidence of MS. Dipti and Mr. Satish in a single
room of an hotel for a day which includes a night which can be considered as an adultrious
activity and the messages in Ms. Dipti’s phone makes it conformed that she was one who
committed adultery first and Mr. Nayan was compelled to find solace in Ms. Prema and
therefore the charges against Mr. Nayan should be disposed.