In a significant ruling delivered in February 2026, the Jharkhand High Court held that a spouse’s remarriage during the subsistence of a legally valid marriage amounts to mental cruelty. Setting aside a Family Court order, the High Court granted divorce to a husband whose wife had remarried while their matrimonial dispute was still pending.
The Division Bench comprising Justices Rongon Mukhopadhyay and Deepak Roshan observed that entering into a second marriage before the dissolution of the first strikes at the very foundation of marital trust and causes severe psychological trauma to the aggrieved spouse.
Background of the Case
The couple had married in June 2013. However, the relationship deteriorated shortly thereafter, and the wife left the matrimonial home within a few months. Alleging cruelty and breakdown of marriage, the husband approached the Family Court in Bokaro seeking dissolution of marriage.
Family Court’s Decision
In 2018, the Family Court dismissed the husband’s plea for divorce. Aggrieved by the decision, the husband challenged the order before the High Court.
New Evidence Before the High Court
During the pendency of the appeal, significant developments came to light. The husband produced documentary evidence, including a marriage invitation card and photographs, establishing that the wife had solemnised another marriage in November 2024—while her first marriage was still legally subsisting and the appeal was ongoing.
This evidence became central to the case.
High Court’s Observations
The High Court categorically held that contracting a second marriage during the continuance of the first marriage constitutes mental cruelty under matrimonial law. The Bench described such conduct as a serious affront to the dignity and emotional well-being of the lawful spouse.
The Court emphasized that marriage is built on mutual trust and fidelity, and any act that undermines these foundational principles can amount to cruelty sufficient to grant divorce.
Final Verdict
Allowing the husband’s appeal, the High Court set aside the 2018 Family Court judgment and dissolved the marriage. The Court ruled that the wife’s remarriage during the subsistence of the first marriage caused irreparable damage to the marital bond and justified the grant of divorce.