Karnataka HC Sets Aside Ex-Parte Divorce Decree, Says Husband Must Prove Cruelty And Desertion Despite Wife’s Absence

The husband petitioned for divorce under Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act, 1955, alleging cruelty and desertion.

The wife did not appear before the Trial Court after substituted service by newspaper publication, and the petition proceeded ex parte.

Relying on the husband’s evidence, the Trial Court dissolved the marriage.

The wife appealed under Section 28 of the Act, submitting that she had not seen the publication and should be allowed to contest the petition and present evidence.

The High Court found that the Trial Court had not discussed or assessed the evidence concerning cruelty or desertion and had treated the wife’s absence as sufficient to infer that she admitted the husband’s claims.

Under Sections 13(1)(i-a) and 13(1)(i-b) of the Hindu Marriage Act, 1955, cruelty and desertion are grounds for divorce that must be proved by the petitioning spouse.

The respondent’s failure to appear does not, by itself, establish those grounds or entitle the petitioner to a decree; the court must assess whether the petitioner’s evidence proves the statutory requirements.

Section 28 provides for an appeal from a decree under the Act.

No precedent was cited.

The Trial Court relied on the wife’s ex parte status to draw an adverse inference and treat the husband’s allegations as admitted, but did not analyse whether the evidence established cruelty or desertion.

The High Court held that this approach failed to apply the governing requirement that the petitioner prove the statutory grounds even in the respondent’s absence.

Because the decree rested on that error, and the matter required further consideration of the evidence, the Court remanded the case without expressing any view on its merits.

It permitted the wife to file objections within 30 days of appearing and directed the Trial Court to provide both parties an opportunity to lead evidence before deciding the petition in accordance with law.

The parties were directed to appear before the Trial Court on 17 November 2026; all contentions were kept open.