The Karnataka High Court ruled that there are no legal restrictions on filing multiple divorce petitions on grounds of cruelty. This decision allows individuals to seek divorce repeatedly if they continue to experience cruelty. The ruling clarifies legal options for those in abusive marriages. It aims to ensure justice and protection for victims of ongoing cruelty.
Bengaluru: The Karnataka High Court recently ruled that, no legal impediment to filing a subsequent petition for marriage dissolution based on cruelty, even if an earlier petition dismissed.
In granting divorce to a man, the court stated,
“Even if it is presumed that the husband has not fulfilled his responsibilities towards their child, this cannot preclude divorce if he can prove cruelty by his wife.”
The division bench, consisting of Justices Anu Sivaraman and Anant Ramanath Hegde, reversed a family court’s decision in Mysuru.
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The couple from Mysuru got married on January 28, 2007, and had a son on January 26, 2010. In 2018, the wife filed a police complaint against her husband, accusing him of demanding Rs. 3 lakh from her father. She also alleged that her husband had an illicit relationship with a colleague.
The husband previously filed for divorce in 2018, but later withdrew the petition on the advice of friends and relatives. However, in 2019, he filed a fresh divorce petition. On January 22, 2021, the family court rejected the husband’s petition, stating that he failed to prove the allegation of cruelty and had neglected their son.
The husband argued that the family court failed to consider the cruelty he faced in the form of his wife’s baseless allegations of an illicit relationship. The case ended with the police filing a ‘B’ report, which typically indicates that the investigation did not find sufficient evidence to support the allegations.
The division bench of the High Court highlighted that, the couple had mutually agreed upon the issue of custody and maintenance of their son.
They stated,
“From the evidence presented, it is apparent that the allegation of an illicit relationship against the husband, which is a serious charge, has not been proven.”
The appellant asserted that his wife visited his workplace and humiliated him in front of colleagues, a claim, not disputed during cross-examination.
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The division bench emphasized,
“Given this situation, the appellant’s assertion that he suffered mental cruelty due to false allegations of an illicit relationship is established.”
They noted that this aspect had been overlooked by the family court.
The recent ruling by the Karnataka High Court, which confirms the absence of legal barriers to filing a subsequent divorce petition based on cruelty, marks a notable advancement in the development of matrimonial law.