The Karnataka High Court recently ruled that a wife’s demand for a separate house and her filing of a criminal case against her husband cannot be considered “cruelty” for the purpose of seeking a divorce. This decision was made by a division bench of Justice Alok Aradhe and Justice S Vishwajith Shetty, who emphasized that only the Supreme Court, under Article 142 of the Constitution of India, can grant a divorce on the grounds of irretrievable breakdown of marriage.
In this case, the couple married in 2002 following Hindu rites. The husband sought divorce, claiming that his wife demanded a separate house immediately after their marriage. He lived with his widowed mother and younger brother, and felt responsible for their care, which led him to reject his wife’s demand. He also accused her of frequently quarreling with his family and leaving the matrimonial home without notice, causing him distress. In January 2007, she left with their child and did not return.
The wife had filed a criminal case against her husband and his relatives under various sections of the IPC and the Dowry Prohibition Act, 1961. However, the accused were acquitted as the prosecution failed to prove their guilt beyond a reasonable doubt.
The husband argued that his wife had no intention of fulfilling her matrimonial duties and sought divorce on grounds of cruelty and desertion. The Family Court initially granted the divorce, citing the wife’s criminal case as a key reason. However, the wife opposed the petition, denying all allegations and arguing that the husband had failed to prove cruelty and desertion.
The High Court observed that merely filing a criminal case does not amount to cruelty. For conduct to be considered cruelty under Section 13(1)(ia) of the Hindu Marriage Act, it must be willful, unjustifiable, and cause danger to life, limb, or health, or create a reasonable apprehension of such danger.
In conclusion, the court ruled that the wife’s demand for a separate house and her filing of a criminal case could not be deemed cruelty, upholding the Family Court’s decision to reject the husband’s petition for divorce. This ruling underscores that mere allegations and legal actions do not suffice to establish cruelty in matrimonial disputes.
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