Husband Failed To File Objections: Karnataka High Court Allows Wife's Plea For Divorce On Ground Of Cruelty

The Karnataka High Court has allowed a petition filed by a woman seeking divorce on grounds of cruelty, after the husband failed to challenge the petition or the evidence led by the wife.

A division bench of Justice Alok Aradhe and Justice Anant Ramanath Hegde set aside the family court order rejecting the divorce petition. It said, “When there is no challenge to the petition as well as to the evidence led by the wife, this Court is of the view that the Family Court erred in rejecting the petition.”

The parties got married in 2009 at Mysuru and the wife claimed that they lived together only for two months and even in those two months there was no harmony as the husband, under the influence of alcohol, used to abuse her. The plea was filed under Section 13(1)(1-a) of the Hindu Marriage Act.

The husband appeared before the Court, however, did not file a statement of objections. Thereafter, the wife led evidence. However, the family court dismissed the petition.

Placing reliance on Supreme Court judgments in Muddasani Venkata Narsaiah (D) through LRs. vs. Muddasani Sarojana (2016) and Vidhyadhar vs. Manikrao & Anr. (1999), the court said “As already stated, there is no cross-examination and there is no objection filed by the husband to the petition filed by the wife. When there is no challenge to the petition as well as to the evidence led by the wife, this Court is of the view that the Family Court erred in rejecting the petition.”

Observing that the Family Court has not adverted its attention to the evidence led by the petitioner/wife relating to cruelty, the bench held,

“The husband has not filed an objection and has not cross-examined the wife. The testimony of the wife has remained unchallenged. Even before this court, none appeared opposing the appeal when the matter is heard today. Considering the materials placed on record this Court is of the view that the wife has established her plea of cruelty and she is entitled to a decree of dissolution of marriage.”

Accordingly it allowed the appeal and dissolved the marriage.

Case Title: ABC And XYZ

Case NO: MISCELLANEOUS FIRST APPEAL NO. 4378 OF 2017

Citation: 2023 LiveLaw (Kar) 249

Date of Order: 26-06-2023

Appearance: Advocate P Nataraju for Appellant.

Advocate S.Rupesh Kumar for respondent

Click Here To Read/Download Order