Divorce — Desertion and Unproven Infidelity Allegations · 10 February 2026
X v. Y: Karnataka High Court Holds Unproven Accusation of Extra-Marital Affair Is Cruelty and Gives a Wife Reasonable Cause to Live Apart, Rejecting Husband's Desertion Plea
High Court of Karnataka · 2026 LiveLaw (Kar) 58; Miscellaneous First Appeal No. 918 of 2021
Download the full judgment (PDF)
Enter your name and WhatsApp number to get the download link. We'll also let you know on WhatsApp if we can help with this case — filing, tracking, or anything else — no obligation either way.
We use this only to send the link and to follow up about this case. See our privacy policy.
A husband sought divorce under Section 13(1)(b) of the Hindu Marriage Act on the ground of desertion, alleging that his wife was in an extra-marital relationship and left the matrimonial home in April 2015 when he discovered it. The wife had earlier filed a criminal case against him under Section 498A IPC and Sections 3 and 4 of the Dowry Prohibition Act, which ended in acquittal after trial. The Family Court dismissed his divorce plea because, although he specifically alleged the affair, he produced no proof of it. The wife did not appear before the Family Court or the High Court.
A Division Bench of Justice Jayant Banerji and Justice T.M. Nadaf upheld the order, holding that a mere accusation of an extra-marital affair, without cogent evidence, amounts to mental cruelty and is a reasonable cause for the wife to live apart. His appeal was dismissed. The finding concerns the husband's failure to prove the allegation; the Court did not find that the wife's account of the marriage had been established.
General information, not legal advice. This is a plain-language summary for awareness only. Every case turns on its own facts, and this judgment does not decide how a court will rule in your matter. For advice on your own case, speak to an independent advocate — MyCaseFile is not a law firm and does not interpret judgments for anyone's case.