The Karnataka High Court has denied the appeal of a woman who contested the family court’s decision to grant a divorce on the grounds of desertion. The woman failed to dispute the claims made by her husband in the petition. The court, presided over by Justices Alok Aradhe and Vijaykumar A Patil, noted that if a witness is not cross-examined, their testimony is considered to be accepted as per the law.
In 2016, a woman challenged the decision of the family court to dissolve her marriage under Section 13(1)(ib) of the Hindu Marriage Act, 1955, which was granted based on her husband’s petition. The husband had filed for divorce in 2014, citing desertion as the reason. He claimed that the wife left the matrimonial home after five months of marriage in 2010, and the two had lived apart for three consecutive years before the petition was filed. Despite being served with a notice asking for her consent to divorce, the wife did not respond, leading to the dissolution of the marriage.
The appellant was notified of the legal proceedings and even hired a lawyer, but failed to submit any objections or evidence. Consequently, the trial court issued the challenged order. On appeal, the woman argued that she was kicked out of the matrimonial home on July 25, 2014. As a result, she requested that the case be referred back to the family court and that she be given a chance to present evidence.
The appellate court found that the appellant/wife had been served notice of the proceedings and engaged counsel, but failed to file any statement of objections or tender any evidence in the family court. As a result, the court concluded that the husband’s allegations of desertion were not rebutted and that the wife had deserted him for a continuous period of two years, as stated in the petition under Section 13 of the Hindu Marriage Act. The court dismissed the appeal, finding no basis to interfere with the family court’s decision.
Source: https://www.livelaw.in/news-updates/karnataka-high-court-divorce-desertion-by-wife-absence-of-any-rebuttal-of-averments-in-petition-cross-examination-226125
You May Also Like:
How to Prove False 498A Case Filed by Wife 
Hindu Marriage Act 1955 
Bombay High Court upheld divorce decree, stating making accusations against one’s spouse in a newspaper can damage their reputation, regardless of whether the accusations are defamatory or not 
Domestic Violence needs to be shown or proved to seek relief under DV Act: Bombay High Court