Court finds marriage had broken down beyond repair, rejects wife’s plea for restitution of conjugal rights and refuses to alter Family Court’s balanced alimony award.
The Karnataka High Court has dismissed cross-appeals filed by a husband and wife arising out of a deeply strained matrimonial dispute, affirming the Family Court’s decision to dissolve the marriage on the ground of cruelty and to award the wife permanent alimony of Rs 50 lakh.
A Division Bench of Justices D.K. Singh and H. Shanthi Bhushan upheld the Family Court’s order dated 27 February 2026 in M.C. No. 168/2023, which had rejected the wife’s petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, allowed the husband’s counter-claim for divorce under Section 13(1)(i-a), and directed payment of permanent alimony under Section 25.
The wife had sought restitution, alleging that her husband had withdrawn from her society without reasonable excuse and had subjected her to cruelty. She also claimed that she had given up her job as an Assistant Professor at the husband’s instance and was left without independent income. The husband, however, denied her allegations and contended that the wife was quarrelsome, failed to adjust with his family, and caused mental cruelty to him and his parents.
After examining the evidence, the High Court found that the marriage had been troubled from the beginning, with repeated disputes between the parties and their families, breakdown of communication, and no realistic possibility of reconciliation. The Bench observed that the allegations and counter-allegations, viewed cumulatively, showed that the marriage had “broken down beyond repair” and that continuing the marital tie itself would amount to cruelty.
Relying on established Supreme Court precedents, including Samar Ghosh v. Jaya Ghosh, Shobha Rani v. Madhukar Reddi, and Naveen Kohli v. Neelu Kohli, the Court held that mental cruelty must be assessed on the basis of the totality of conduct and not isolated incidents. It concluded that the Family Court had correctly granted divorce and that there was no ground to interfere with that finding.
On the issue of permanent alimony, the husband sought reduction of the Rs 50 lakh award to Rs 10 lakh, while the wife demanded enhancement to Rs 3 crore. The High Court rejected both pleas, holding that the Family Court had adopted a fair and balanced approach. The Bench noted that the husband had not made complete disclosure of his income, assets and liabilities, despite evidence suggesting earnings from Qatar and bank deposits. At the same time, the Court took note of the wife’s educational qualifications, future earning potential, and the short duration of the marriage, which had produced no children.
The Court said permanent alimony cannot be fixed by any mathematical formula and must reflect a just balance between the financial capacity of the husband and the needs and prospects of the wife. It found that the award of Rs 50 lakh was neither excessive nor inadequate in the facts of the case.
Accordingly, both appeals were dismissed, and the Family Court’s judgment was confirmed in full.
Bottom Line :
Hindu Marriage Act - Petition for restitution of conjugal rights dismissed and decree of divorce on ground of cruelty confirmed - Where marriage had broken down beyond repair, parties were incompatible from inception, and cumulative conduct disclosed mental cruelty, no interference was warranted in decree of divorce - Permanent alimony of Rs.50,00,000/- awarded to wife held just and reasonable, considering husband's incomplete financial disclosure, wife's unemployment after leaving job at husband's instance, her future earning capacity, short duration of marriage and absence of children.
Statutory provision(s): Hindu Marriage Act, 1955 Section 9, Hindu Marriage Act, 1955 Section 13(1)(i-a), Hindu Marriage Act, 1955 Section 25
Rahul Jaya Shetty v. Srinidhi Shetty, (Karnataka)(DB) : Law Finder Doc id # 2984956
