The High Court of Karnataka has set aside a Family Court order granting divorce to a husband in a long-running matrimonial dispute, holding that allegations of cruelty cannot be accepted without supporting evidence. The Division Bench also said the Family Court failed to properly examine the wife’s allegation that the husband was living with another woman during the subsistence of the marriage.
Background of the Case
The appeal challenged a December 2016 judgment passed by the Principal Senior Civil Judge and CJM at Bidar, which had dissolved the couple’s marriage under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act.
The couple married on June 16, 2002, and have two sons. According to the husband, disputes arose after a few years of marriage and the wife left the matrimonial home with the children. He claimed she refused to rejoin him despite repeated requests and accused her of making defamatory allegations, including accusing him of suffering from HIV/AIDS and having an illicit relationship with another woman.
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The wife denied the allegations and claimed that it was the husband who subjected her to harassment and neglect. She alleged that he had developed a relationship with another woman and failed to maintain the family, forcing her to live separately with her parents.
The Bench comprising Justice Suraj Govindaraj and Justice Chillakur Sumalatha found fault with the Family Court’s approach in accepting the husband’s allegations without corroborative evidence.
The court observed,
“The finding of cruelty rests solely on the uncorroborated and interested testimony of the husband.”
It further noted that no documentary records, complaints, or independent witnesses had been produced to support the allegations of abusive conduct or false accusations regarding the husband’s health. The Bench said matrimonial disputes are decided on the principle of “preponderance of probabilities,” but even then, serious allegations require at least some supporting material.
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The judges also pointed out what they described as an inconsistent standard applied by the Family Court. While the wife’s allegations were rejected for lack of evidence, the husband’s claims were accepted despite similar deficiencies.
During the appeal, the wife sought permission to place additional documents on record, including a school admission abstract allegedly showing a child born to the husband and another woman named in 2008. She also produced photographs said to show the husband with the children.
The High Court said such material could directly affect the issue of “desertion” because a spouse cannot be expected to continue cohabitation if the other partner is maintaining another relationship.
“The refusal of the wife to join the husband would not only be justified but would also negate any inference of animus deserendi,” the Bench observed.
At the same time, the court clarified that these documents were produced for the first time in appeal and would still need to be proved before the Family Court after giving the husband an opportunity to respond.
Allowing the appeal, the High Court set aside the divorce decree passed in M.C. No.10/2009 and remanded the matter to the Family Court for fresh consideration. The Bench also allowed the wife’s application for production of additional evidence, subject to proof and admissibility in accordance with law.
The Family Court has been directed to permit both sides to lead further evidence, allow cross-examination on the additional material, and decide the issues afresh within six months.
Case Details
Case Title: S v. R
Case Number: MFA No. 200082 of 2017
Court: High Court of Karnataka
Judges: Justice Suraj Govindaraj and Justice Chillakur Sumalatha
Decision Date: April 28, 2026
