The Karnataka High Court holds that the wife's refusal to comply with the decree of Restitution of Conjugal Rights is sufficient ground for divorce.

The Karnataka High Court allowed the appeal filed by the husband against the impugned judgment and decree dated 07.10.2017 passed by the Trial Court, whereby, the petition filed by the appellant/husband against the respondent/wife seeking dissolution of their marriage by a decree for divorce on the ground of desertion was dismissed by the Trial Court.
 
The Court observed thus:

“It is needless to state that the respondent who remained ex-parte did not cross-examine PW1 nor she adduced any oral or documentary evidence on her behalf and despite this, the Trial Court proceeded to pass the impugned judgment and decree dismissing the petition, aggrieved by which, the appellant/husband is before this Court by way of the present appeal.”
 
“A perusal of the undisputed material on record will indicate that the specific ground urged by the appellant for the purpose of seeking divorce was that the respondent had deserted him and was leaving separately from the year 2013 onwards. Further, despite obtaining an ex-parte decree for restitution of conjugal rights in M.C.No.33/2016, the respondent did not join the petitioner nor did she comply with the ex-parte judgment and decree which is sufficient ground for divorce within the meaning of Section 13(1A)(ii) of the Hindu Marriage Act, 1955.”
 
“We are of the opinion that the Trial Court committed an error in dismissing the petition without appreciating the above aspects as well as the un-impeached, un-controverted and unchallenged pleadings and evidence of the appellant which constitute sufficient grounds to grant decree for divorce and as such, the impugned judgment and decree passed by the Trial Court deserves to be set aside and the petition filed for divorce deserves to be allowed.”
 

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