The Karnataka High Court has held that a child’s birthday not cruelty can be claimed merely because the wife spent her own money on the celebration, and dismissed her divorce appeal.
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Bengaluru: The Karnataka High Court has held that a wife’s spending from her own earnings to celebrate a child’s birthday cannot, by itself, amount to cruelty by the husband, and has dismissed her appeal against the family court’s refusal to grant divorce [L v. M].
A Division Bench of Justice R Devdas and Justice Brungesh M decided the matrimonial first appeal (MFA No. 202201 of 2022).
The case
The wife alleged cruelty, dowry demands, physical abuse during pregnancy and a forced abortion. The family court dismissed her petition in March 2022. These are the wife’s allegations, and the Bench found that the dowry claim was never formally pleaded and that the abortion allegation lacked medical documentation. The parties are not named in this report.
What the Court said
The Bench held that, absent evidence that the husband refused help when asked, the wife’s own expenditure cannot be treated as mistreatment:
“the mere fact that [the wife] herself incurred the expenses of celebrating the birthday of the child cannot, by itself, constitute an act of cruelty.”
The outcome
The Court dismissed the appeal, noting that irretrievable breakdown of marriage is not a statutory ground for divorce under Section 13 of the Hindu Marriage Act, 1955.
Why the judgment matters
Cruelty under the Hindu Marriage Act must be proved through specific acts and not inferred from ordinary domestic spending or unpleasantness. The ruling also restates that a court cannot grant divorce on breakdown alone where the statute does not provide for it.
Case Title: L v. M [MFA No. 202201 of 2022]
Bench: Justice R Devdas and Justice Brungesh M, Karnataka High Court
Citation: 2026 LiveLaw (Kar) 402