The Karnataka High Court has rejected the appeal of a woman who challenged a family court’s decision to grant a divorce on the basis of desertion. The reason for rejection was that the wife did not refute the claims made by her husband in the petition. The division bench comprising Justice Alok Aradhe and Justice Vijaykumar A Patil stated that if a witness is not cross-examined by the opposing party, their testimony is considered to be accepted, as per established law.
The woman received a notice of the proceedings and hired a lawyer. However, she did not file a statement of objection or provide any evidence in the trial court. As a result, the court issued the contested order. On appeal, the woman argued that she had been expelled from her matrimonial home on 25.07.2014. She requested that the case be referred back to the family court, and that she be given a chance to present evidence.
After examining the case documents, the bench observed that the woman who had filed the appeal had indeed been served with a notice of the proceedings and had appointed a lawyer who had participated in the hearings before the family court. However, the woman did not file any statement of objection or present any evidence in support of her case. The bench further noted that the claims made by the husband in his petition under Section 13 of the Hindu Marriage Act, 1955 were not contested or challenged by the woman, and the husband was not cross-examined during the proceedings. Therefore, the family court had rightfully concluded that the woman had deserted her husband for a continuous period of two years before the filing of the divorce petition, as per the provisions of the Act.
The bench affirmed that the grounds for desertion had been established, and there were no shortcomings in the family court’s decision that required the higher court’s intervention in the appeal.
Source: https://www.livelaw.in/news-updates/karnataka-high-court-divorce-desertion-by-wife-absence-of-any-rebuttal-of-averments-in-petition-cross-examination-226125