The Karnataka High Court in the case ABC And XYZ observed wherein the plea is moved by a woman seeking divorce on grounds of cruelty, after her the husband failed to challenge the petition or the evidence led by the wife.
The Division bench comprising of Justice Alok Aradhe and Justice Anant Ramanath Hegde in the case observed and has set aside the order passed by the Family Court, wherein it rejected the divorce petition.
The court stated that there being no challenge to the petition as well as to the evidence led by the wife, the said court is of the view that the Family Court erred in rejecting the petition.
In the present case, the parties got married in 2009 at Mysuru and the wife claimed that they lived together only for two months and even in those two months there was no harmony as the husband, who being under the influence of alcohol, used to abuse her.
The present plea was moved under Section 13(1)(1-a) of the Hindu Marriage Act.
Therefore, the husband in the case appeared before the court and did not file a statement objection.
The court in the case observed and has placed reliance on Supreme Court judgments in the case Muddasani Venkata Narsaiah (D) through LRs. vs. Muddasani Sarojana (2016) and Vidhyadhar vs. Manikrao & Anr. (1999), wherein the court stated that there being no cross-examination and there is no objection filed by the husband to the petition filed by the wife and when there is no challenge to the petition as well as to the evidence led by the wife, thus, this court is of the view that the Family Court erred in rejecting the petition.
Further, the court observed that the Family Court has not adverted its attention to the evidence which is led by the Wife or petitioner which relates to cruelty.
The court in the case observed and has stated that the husband din the case has not file an objection and has not cross-examined the wife. Therefore, the testimony of the wife h as remained unchallenged, none of them appeared before the said court opposing the appeal when the matter is heard.
The court while considering the facts and circumstances of the case stated that the said court is of the view that the wife has established her plea of cruelty and she is entitled to a decree of dissolution of marriage.
Accordingly, the court allowed the appeal and dissolved the marriage.
