Back
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
H.P.SANDESH, T.M.NADAF
Sudha, W/o. Subhash Bollee – Appellant
Versus
Subhash, S/o. Bhimsha Bollee – Respondent
JUDGMENT :
T.M.NADAF, J.
This appeal is by the wife calling in question the judgment and decree dated 17.12.2022 in Matrimonial Case No.43 of 2019, passed by the Principal Judge Family Court at Kalaburagi (for short, ‘the Family Court’), whereby the application filed under Sections 13(1)(i-a) and (i-b) of Hindu Marriage Act, 1956 (for short, ‘the H.M. Act’) by the Husband for divorce on the ground of cruelty as well as desertion, allowed and the marriage of appellant and respondent solemnized on 24.06.2003 at Mallikarjun Devalaya at Kesaratgi, Taluka and District Kalaburagi, stands allowed.
2. The parties are referred to as per their ranking before the Family Court for easy reference.
3. A brief outline of facts leading to filing of this appeal are as under:
The petitioner and respondent are husband and wife. Their marriage was solemnized on 24.06.2003 at Mallikarjun Devalaya, Kesaratagi, Tq. & Dist. Kalaburagi as per the customs prevailing in their community. The parties are Hindus and governed by Hindu law of mitakshara. The marriage was an arranged marriage. The respondent/appellant herein contended that her parents performed marriage incurring huge marriage expenses which, includes
Divorce cannot be granted solely on claims of cruelty and desertion by the husband when evidence suggests the wife's actions were justified due to the husband's conduct including second marriage.
Conduct constituting unfounded accusations can constitute mental cruelty and justify divorce when the marriage is irretrievably broken.
For a decree of divorce under cruelty or desertion, credible evidence substantiating these claims is essential. The court found no such evidence and upheld the Family Court's decision.
Divorce on cruelty and desertion grounds requires cogent evidence proving grave conduct and animus deserendi; appellate court upholds trial dismissal absent perversity in reasoned findings based on p....
The court held that allegations of adultery, cruelty, and desertion must be substantiated with cogent evidence, and mere claims are insufficient for divorce.
The court found that the trial court's decree of divorce based on cruelty was unsupported by evidence, emphasizing the need for proper attribution of actions and context in marital disputes.
The court held that prolonged separation and actions causing mental anguish, including false accusations, constitute sufficient grounds for divorce under the Hindu Marriage Act.
The court affirmed that desertion and cruelty, established through evidence, justify the grant of divorce under Hindu Marriage Act, reinforcing the burden of proof on the petitioner.
Cruelty and desertion must be proven with specific evidence; irretrievable breakdown of marriage is not a statutory ground for divorce under the Hindu Marriage Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
