Karnataka HC Upholds Divorce, Citing Wife’s Police Statement That Marriage Was Forced And 3½ Years Living Apart

The parties married on 28 June 2012. The appellant left for Pune shortly after the marriage; her father lodged a missing-person complaint, and police brought her back on 10 August 2012.

The appellant later sought restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955; the respondent counterclaimed for dissolution under Section 23A.

The Family Court dismissed the restitution petition and allowed the counterclaim, dissolving the marriage. The appellant appealed under Section 19(1) of the Family Courts Act, 1984.

Section 9 of the Hindu Marriage Act provides for restitution of conjugal rights where one spouse has withdrawn from the other’s society without reasonable excuse.

Section 23A permits a respondent in a matrimonial proceeding to seek relief under the Act by counterclaim on an available statutory ground.

The judgment cited no precedent.

The Court relied on the appellant’s admission that she had stayed in Pune for about a month without contacting either the respondent or her father, her admission to making the statement recorded in Ex. D9, and her failure to substantiate her account that she had gone to Pune for a job interview or with the respondent’s permission.

It also noted that she had not joined the respondent after receiving his legal notice, had lived separately for more than three and a half years, and admitted that the marriage had not been consummated.

On that evidence, the Court found no error in the Family Court’s rejection of restitution and its allowance of the counterclaim.

The dismissal of the Section 9 petition and the decree dissolving the marriage on the respondent’s counterclaim therefore remained undisturbed.