Wife Gets Fresh Chance To Testify After Karnataka HC Sets Aside Divorce Decree Over Insufficient Opportunity to Present Evidence

The husband petitioned for dissolution of the parties’ marriage under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955, alleging cruelty and desertion.

The wife appeared through counsel and filed objections but did not give evidence or produce documents. The Family Court allowed the petition and dissolved the marriage on 10 March 2025. The wife appealed, seeking a remand so she could adduce evidence; the husband opposed the appeal, arguing that she had not used the opportunity previously given to her.

Section 28 of the Hindu Marriage Act, 1955 provides for an appeal from a decree under the Act; Sections 13(1)(ia) and 13(1)(ib) provide the grounds of cruelty and desertion relied on in the divorce petition.

The Court applied the principle of natural justice that a party must have a sufficient opportunity to present evidence in support of their case, and that denying such an opportunity may amount to a denial of justice. No precedent was cited.

The Family Court’s decision rested on the husband’s testimony and documentary evidence, while the wife had not adduced evidence in rebuttal.

Given that the petition concerned the parties’ marital status and the statutory grounds of cruelty and desertion, the High Court considered that the wife should have a sufficient opportunity to present her case. It therefore concluded that a fresh hearing, with both parties permitted to lead evidence, was appropriate to meet the ends of justice; it expressed no view on the merits.

It directed that both parties be given an opportunity to lead oral and documentary evidence and that the Family Court decide the matter afresh in accordance with law. The parties’ contentions were left open, and they were directed to appear before the Family Court on 30 November 2026 without further notice.