Key Judgment
The Karnataka High Court recently ruled that a wife’s demand for a separate house or her habit of leaving the matrimonial home cannot be considered “cruelty” under Section 13(1)(ia) of the Hindu Marriage Act. The judgment clarified that merely filing a criminal case against the husband does not automatically justify divorce on grounds of cruelty.
Background of the Case
The couple, married in 2002 under Hindu rites, faced marital discord soon after. The husband sought divorce from the Family Court in Bangalore, claiming his wife demanded a separate house, often quarreled with his family, and frequently left for her parents’ home without notice. He further alleged she abandoned him in January 2007 with their child and filed a criminal case against him and his family under IPC Sections 498-A, 323, 504, 506, and the Dowry Prohibition Act.
The Family Court granted a divorce decree based on cruelty and desertion. However, the wife contested this decision, denying the allegations and arguing that the criminal complaint was valid and not false.
High Court’s Observations
A division bench comprising Justice Alok Aradhe and Justice S. Vishwajith Shetty held that the Family Court had erred in granting divorce based solely on the criminal case. They noted that the criminal charges against the husband and his family were dismissed due to insufficient evidence but emphasized that the dismissal did not automatically mean the complaint was false.
The court stated, “Mere filing of a criminal case cannot be termed as cruelty. For cruelty under Section 13(1)(ia) of the Hindu Marriage Act, there must be willful and unjustifiable conduct causing danger to life, limb, or mental health.”
Irretrievable Breakdown of Marriage
The court also clarified that a divorce on grounds of irretrievable breakdown of marriage can only be granted by the Supreme Court under Article 142 of the Constitution.
Final Verdict
The High Court upheld the wife’s contention, stating that neither cruelty nor desertion was adequately proven, and dismissed the husband’s plea for divorce.
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