Karnataka High Court: Unproven Affair Allegation Can be Mental Cruelty, No Divorce for Desertion

The Karnataka HC held that accusing a wife of an extra-marital affair without proof can amount to mental cruelty and refused to grant divorce on the ground of desertion.

The case arose from a husband’s appeal against a family court order rejecting his petition under Section 13(1)(b) of the Hindu Marriage Act, 1955.

The Court observed that desertion requires proof of separation without reasonable cause and intention to abandon the marriage. It found that the husband failed to establish animus to desert or substantiate the alleged affair.

It held that unproven allegations may justify living apart rather than amount to desertion. The appeal was dismissed.