BENGALURU: There is no legal bar on filing a second petition seeking dissolution of marriage on grounds of cruelty if the earlier petition has been dismissed, Karnataka HC observed, granting divorce to a man .
“Even if it is assumed that the husband has failed to discharge his obligation towards the son, the same cannot be a ground to deny divorce if he is able to establish the ground of cruelty against his wife,” a division bench comprising Justices Anu Sivaraman and Anant Ramanath Hegde said, setting aside the judgment of a family court in Mysuru.
The couple working in Mysuru married on Jan 28, 2007, and welcomed a son on Jan 26, 2010.
The woman registered a police complaint against her husband, accusing him of demanding Rs 3 lakh from her father. The wife alleged the husband had an illicit relationship with a colleague. The husband, who had earlier filed a divorce plea and withdrew the same in 2018, filed a fresh petition in 2019. On Jan 22, 2021, the family court rejected the plea filed by the husband.
“Even if it is assumed that the husband has failed to discharge his obligation towards the son, the same cannot be a ground to deny divorce if he is able to establish the ground of cruelty against his wife,” a division bench comprising Justices Anu Sivaraman and Anant Ramanath Hegde said, setting aside the judgment of a family court in Mysuru.
The couple working in Mysuru married on Jan 28, 2007, and welcomed a son on Jan 26, 2010.
The woman registered a police complaint against her husband, accusing him of demanding Rs 3 lakh from her father. The wife alleged the husband had an illicit relationship with a colleague. The husband, who had earlier filed a divorce plea and withdrew the same in 2018, filed a fresh petition in 2019. On Jan 22, 2021, the family court rejected the plea filed by the husband.