The Karnataka High Court has said that merely because of the reason that the wife was demanding a separate house and that she was in the habit of leaving the matrimonial house and going to her parents’ house, the same cannot be termed as “cruelty” for the purpose of seeking a decree of divorce by the husband.

A division bench of Justice Alok Aradhe and Justice S Vishwajith Shetty said,
“A decree of divorce on the ground of irretrievable failure of the marriage can be granted only by the Hon’ble Supreme Court in exercise of its powers under Article 142 of the Constitution of India and not by any other courts.”

In this case, the couple got married in 2002 as per Hindu rites. The husband had approached the Family Court, Bangalore, seeking dissolution of the marriage contending that the appellant was demanding for setting up a separate house immediately after the marriage. He lived with his widowed mother and a younger brother in his house and he had the responsibility to look after them and therefore, he had rejected the demand of the appellant (wife) for setting up a separate house.

Further, it was said that the wife was in a habit of quarrelling with his family members for no reason and she used to leave the matrimonial house and go to her sister’s house and mother’s house without informing him or his mother or brother. Because of this behaviour of hers, his life was made miserable. In January 2007, the appellant-wife left the matrimonial home without informing him, along with the child and then she did not return back.
A case was also registered by the wife against the husband and his relatives under Sections 498-A, 323, 504, 506 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, wherein they have been acquitted.
It was claimed that the wife had no intention to live with him and perform her matrimonial obligation and there are no possibilities of reconciliation and accordingly he had sought for dissolution of the marriage on the ground of cruelty as well as desertion.
The wife had opposed the petition and denied all the allegations levelled against her.

According to the wife the judge of the Family Court has erred in granting a decree of divorce since the husband had failed to prove the ground of cruelty and desertion against the wife. The Family Court has proceeded to allow the petition mainly for the reason that the wife had filed a criminal case against the husband and his relatives.

The wife alleged that the husband had thrown away the wife for bringing enough dowry and there afterwards no attempt was made by him to bring her back and instead, he got issued a legal notice immediately there afterwards seeking divorce.

But according to the husband, the wife had left the company of her husband without there being any valid reasons and she is also guilty of filing false complaint against her husband and his relatives only with an intention to harass and coerce them.

The bench noted, “The jurisdictional Magistrate had acquitted the accused persons in the said case (lodged by the wife against the husband) on the ground that the prosecution had failed to prove the guilt of the accused beyond reasonable doubt and therefore, they were entitled for the benefit of doubt. Therefore, it cannot be said that the wife had lodged a false complaint against the husband and his family members.”
It added,

“Mere filing of a criminal case itself cannot be termed as “cruelty”. For the purpose of Section 13(1)(ia) of the Act, “cruelty” could be wilful and unjustifiable conduct of such character as to cause danger to life, limb or health, bodily or mental, or as to give rise to a reasonable apprehension of such a danger.”