Husband who left wife can’t allege desertion: Karnataka High Court rejects divorce plea

“The petitioner admitted that he had not sent any SMS, e-mail, or legal notice calling upon the respondent to rejoin him,” the court pointed out.

It noted that the wife bore the responsibility and medical costs for their child who suffered from serious health conditions, while the husband had not visited the child for a long period. The court observed that their reunion and resumption of marital duties would be in the best interest of the child.

Justices D K Singh and H Shanthi Bhushan said the husband’s allegations of cruelty were vague, general and lacked specific particulars.

Husband alleges cruelty, desertion by wife

The case arose from a matrimonial dispute between a husband and wife who began living separately after 2010. The husband approached a family court seeking divorce under the Hindu Marriage Act, alleging cruelty and desertion by his wife.

He claimed that his wife humiliated and taunted him and his parents over their financial status, insisted that he set up a separate residence away from his parents, and threatened his family. He also alleged that she initiated criminal proceedings against him and his parents on false and baseless allegations, causing them mental agony. He further claimed that she had voluntarily left the matrimonial home and had deserted him.

The wife denied the allegations and claimed that she had been subjected to physical and mental harassment by the husband and his parents. She said that after the birth of their child, she was required to manage household work alongside her employment and care for the child, who suffered serious health problems. She produced medical records and hospital documents to support her claim.

The woman further argued that the husband had driven her and the child to her parental home. Pointing to an earlier direction on resuming their marital ties, passed in her favour, the wife said that she had then gone to the husband’s house with the child, but he refused to take them back.

The family court dismissed the husband’s divorce petition in January 2018, finding that he had failed to establish either cruelty or desertion. It also noted that the wife had sought to resume cohabitation after obtaining the restitution decree and that the husband had not challenged that decree. The husband then challenged this order before the high court.

Husband refused wife’s return: Order

The court observed that the husband’s allegations of cruelty were vague, general, and lacked specific particulars. It noted the husband’s own admission that the couple lived cordially until 2010, yet he failed to clarify when or how the alleged change in her behaviour occurred.

The court highlighted that when the wife tried to return to the husband’s house with their child following a direction for resumption of marital ties, he refused to take them back. “In these circumstances, the petitioner cannot be permitted to take advantage of his own conduct and contend that the respondent was guilty of desertion,” it added.