The Karnataka High Court has refused to dissolve a 21-year-old marriage, holding that a spouse cannot seek divorce merely because they no longer wish to continue the relationship. Dismissing the husband's appeal, the Division Bench observed that a person cannot take advantage of their own conduct to secure a decree of divorce under the Hindu Marriage Act.
Background of the Case
The appeal arose from a judgment of the III Additional Principal Judge, Family Court, Mysuru, which had dismissed the husband's petition seeking divorce under Section 13(1A) of the Hindu Marriage Act. The couple had married in December 2003 in an inter-caste love marriage and have a daughter who is now almost an adult.
Earlier, the husband had filed a divorce petition, while the wife had sought restitution of conjugal rights a legal remedy requesting restoration of matrimonial cohabitation. Both petitions were decided together, with the Family Court allowing the wife's plea and rejecting the husband's divorce petition.
In the fresh proceedings, the husband argued that despite the earlier decree, the parties had continued to live separately and had not resumed married life. He claimed the marriage had effectively broken down.
The wife denied these allegations, maintaining that she had cared for both her husband and his parents, never insisted on living separately, and had not behaved in a manner that made cohabitation impossible.
Court's Observations
The High Court noted that the Family Court had carefully examined the evidence and found that the allegations against the wife had not been established. Importantly, during cross-examination, the husband admitted that he himself had not resumed marital life because he was no longer interested in doing so.
Rejecting the husband's argument that the marriage had become meaningless, the Bench observed:
“The appellant wants to take advantage of his own wrong.”
The Court further remarked:
“The marriage under the Hindu Law is a sacrament and it is not a contract. Once the parties are married, the marriage is for life and one person cannot walk away from the marriage on the ground that he/she is left with no interest in the marriage with the other party.”
Court's Decision
Finding no legal error in the Family Court's judgment, the Karnataka High Court dismissed the husband's appeal and upheld the refusal to grant a decree of divorce.
The Bench also disposed of all pending interlocutory applications in view of the dismissal of the appeal.
Case Details
Case Title: M. v. B. M B
Case Number: MFA No. 4343 of 2026
Judge: Justice D. K. Singh and Justice T. M. Nadaf
Decision Date: 15 July 2026
