Wife Gets Chance to Contest Divorce as Karnataka HC Sets Aside Decree After Family Court Failed to Assess Husband’s Evidence

Gousuddin filed O.S. No. 21/2020 before the Principal Judge, Family Court, Kalaburagi, seeking dissolution of his marriage to Kaniz Ayesha, solemnised on 15 November 2011 under Muslim law.

He alleged that she had refused to return to the matrimonial home and that her conduct amounted to desertion and mental cruelty.

The parties had three children.

Kaniz filed a written statement denying the plaint allegations but did not give evidence or produce documents. The Family Court decreed the suit on 7 January 2022.

On appeal, Kaniz sought a further opportunity to participate and lead evidence, attributing her absence to health-related and communication difficulties.

Under the principle stated in Union of India v. Vasavi Co-op. Housing Society Ltd., (2014) 2 SCC 269, the burden rests on the plaintiff to establish the case and entitlement to relief; a suit cannot be decreed merely because the defendant has not adduced evidence.

The plaintiff’s case must be assessed on its own merits, rather than on the weakness or omissions of the defendant.

The appeal was brought under Section 19(1) of the Family Courts Act.

The Family Court noted that Kaniz had not adduced evidence, but did not adequately assess whether Gousuddin had proved the grounds for dissolution.

Although he testified and produced Exs. P1–P3, the Family Court did not discuss those documents in detail, and no independent witnesses were examined to support his case.

The High Court therefore found it appropriate to set aside the decree and remand the suit, enabling Kaniz to lead evidence, without deciding the merits of the parties’ claims.

The Family Court’s judgment and decree dated 7 January 2022 were set aside, and O.S. No. 21/2020 was restored to its original file.

The parties were directed to appear before the Family Court on 11 November 2026. The High Court expressly left the merits and all contentions open.