Karnataka HC: Divorce Denied as Marriage is a Serious Commitment, Not to be Taken Lightly.

BENGALURU, October 22, 2025 – The Karnataka High Court has dismissed an appeal filed by a man seeking divorce, reinforcing the principle that marriage requires compromise and adjustment from both partners. The court stated that marriage is not a "child's play" and that an unwillingness to adjust cannot be grounds for dissolving the union.

The case involved a man employed in the United States who married a woman based in Singapore in 2015. The couple's cohabitation lasted a mere 25 days, including a 10-day stay in India. In 2016, the husband filed a petition seeking divorce, citing cruelty as the reason.

A family court initially dismissed the petition in 2020, noting that the wife had successfully demonstrated that the husband and his mother were unhappy about not receiving a significant dowry or property from her. Subsequently, the husband appealed to the High Court.

The division bench, consisting of Justices Jayant Banerji and Umesh M Adiga, upheld the family court's decision. The bench stated that according to Hindu customs and religion, marriage is a sacred union and not merely cohabitation. It added that such a union cannot be dissolved simply by filing a petition in court and making allegations against one another.

The High Court bench observed that the husband seemed to expect excessive compliance from his wife. The court stated that the husband appeared to seek an obedient maid rather than a wife and that his unwillingness to adjust led to the breakdown of the marital relationship. The court further noted that the case exemplified a situation where the husband sought divorce for trivial reasons.

This ruling aligns with previous judgments emphasizing the importance of gender neutrality and fairness in family law. Earlier in the year, the Karnataka High Court rejected a wife's plea to transfer a divorce case, emphasizing the need to balance the rights and convenience of both parties. That court stressed that gender equality must be rooted in fairness, acknowledging the legitimate struggles of both men and women.

In another case, the Karnataka High Court held that a court cannot reject a plea for divorce by mutual consent simply because the husband and wife reside in the same premises. The court emphasized that cohabitation, despite marital discord, might indicate the spouses' commitment to maintaining a civil environment.

However, the High Court has also granted divorce decrees in cases where one party has failed to contest allegations or provide evidence. For instance, it allowed a wife's petition for divorce on the grounds of cruelty when the husband failed to challenge the petition or the evidence presented by the wife. Similarly, the court rejected a wife's appeal against a divorce decree when she failed to refute her husband's claims of desertion.

These rulings highlight the nuanced approach taken by the Karnataka High Court in family law matters, carefully weighing the specific circumstances of each case while upholding the principles of fairness, equality, and the sanctity of marriage.


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