Wife’s Cruelty-Based Divorce Appeal Fails; Karnataka HC Orders Her To Pay Husband ₹25,000 Costs

The wife petitioned for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, alleging physical and mental cruelty, including harassment and dowry demands.

The husband denied the allegations and said he was willing to resume cohabitation, including in a separate home.

The Family Court dismissed the petition after hearing the wife’s and husband’s evidence.

The wife appealed under Section 19(1) of the Family Courts Act, 1984; the husband did not appear despite service of notice.

Section 13(1)(ia) of the Hindu Marriage Act, 1955 permits dissolution of marriage on the ground of cruelty.

Cruelty has no fixed, uniform standard and must be assessed on the facts of each case; it must be grave, and ordinary irritations and quarrels associated with the normal wear and tear of married life do not, by themselves, amount to cruelty. The Court relied on Samar Ghosh v. Jaya Ghosh, (2007) 4 SCC 511.

The appeal was brought under Section 19(1) of the Family Courts Act, 1984.

The High Court considered the wife’s testimony and the exhibits, which established the marriage but did not independently substantiate the alleged cruelty.

In cross-examination, she acknowledged that the husband had told the police he was willing to take her back and that he and his family had come to her parents’ home to seek her return; she nevertheless stated she was unwilling to live with him.

She also alleged that the husband had killed his first wife but produced no supporting records.

The Court noted that she had not examined independent witnesses or neighbours to support her allegations and concluded, on the evidence as a whole, that the alleged physical and mental ill-treatment had not been proved.

Applying the Samar Ghosh principles, it upheld the Family Court’s assessment.

It ordered the wife to pay the husband costs of Rs. 25,000 within two months; failing payment, the husband may recover the amount as land revenue through due process of law.