Children with another woman; divorce sought from wife; Court imposes a fine of ₹2 lakh.

The Delhi High Court has dismissed a divorce petition filed by a husband who was living with another woman and had two children with her. The court also upheld an order requiring the husband to pay ₹2 lakh to his wife to cover the costs and hardships she endured due to the litigation.

Neglecting one’s responsibilities and engaging in improper conduct within a marriage can prove costly in a court of law. The Delhi High Court rejected a divorce plea from a man who, while living apart from his wife, had been cohabiting with another woman—with whom he also had two children. In upholding the lower court’s decision, the High Court maintained the order imposing a cost of ₹2 lakh on the husband. The Family Court had observed that the husband was attempting to secure a divorce by relying on his own misconduct.

Citing Section 23(1)(a) of the Hindu Marriage Act, 1955, the court stated that an individual cannot seek to terminate a marital relationship by taking advantage of their own wrongdoing. The court further noted that the husband’s conduct caused mental agony to his wife. Additionally, the wife was required to travel from Banaras to Delhi for the court proceedings, which resulted in extra expenses and significant inconvenience for her. It was for this reason that the husband was ordered to pay ₹2 lakh in costs.

The dispute began after the wife left the matrimonial home

In this case, the wife left the matrimonial home on July 17, 2017. Subsequently, the husband filed for divorce, claiming that the marital relationship had irretrievably broken down. However, during the course of the proceedings, the wife discovered that her husband was living with another woman and that they had two children together.

The case took a different turn once this information came to light. The husband even admitted in court that he was living with the other woman.

What is the message behind this verdict?

This case highlights that the conduct of an individual seeking a divorce is also subject to legal scrutiny. A divorce is not guaranteed solely on the grounds of a marital dispute or living apart. The court makes its decision by considering the relevant facts, legal grounds, and the impact on both parties.

What did the Delhi High Court say in its judgment?

On September 23, 2026, the Delhi High Court dismissed the husband's appeal. The High Court found no valid basis to interfere with the Family Court's decision. The court noted that the husband did not deny living with another woman and having children with her.

The High Court further observed that requiring the wife to return to Delhi to participate in the legal proceedings would cause her additional hardship and financial burden. Consequently, the decision to deny the divorce was upheld, and the order for the payment of Rs 2 lakh toward litigation expenses was maintained.