Husband Can't Seek Divorce Merely Because He Has 'Lost Interest' In Marriage: Karnataka High Court

Emphasising the sanctity of marriage under Hindu Law, the Karnataka High Court has recently dismissed a husband's appeal seeking dissolution of his 21-year-old marriage, observing that one cannot walk away from a marital relationship merely on the ground that they no longer have 'interest' in it. 2026 LiveLaw (Kar) 256

The Division Bench of Justice D K Singh and Justice T M Nadaf, while dismissing the appeal against Family Court's rejection of his divorce application noted that the husband cannot be allowed to 'take advantage of his own wrong'.

“…The person who fell in love with the respondent and fathered a girl child who is now almost a major, has come before the Court stating that he is left with no interest in the marriage and therefore, decree of divorce be granted. The marriage under the Hindu Law is a sacrament and it is not a contract. Once the parties are married, the marriage is for life and one person cannot walk away from the marriage on the ground that he/she is left with no interest in the marriage with the other party”, the court noted in the order.

The appellant husband had earlier filed petition before the Family Court under Section 13(1A) of the Hindu Marriage Act, 1955, seeking divorce on the ground of non-resumption of marital life, despite a decree of conjugal rights' restitution passed in favour of the wife. The Family Court had also held that the allegation of cruelty under Section 13(1)(ia) of the Hindu Marriage Act could not be proved

Aggrieved by the final order of the Family Court, despite both of them allegedly living separately even after the initial direction for restoration of conjugal rights under Section 9 of the Hindu Marriage Act., the husband approached the High Court in appeal.

Before the Family Court, while the husband contended that the respondent wife did not want to reestablish their marital life despite his requests, the wife submitted that she never insisted on a separate residence or picked any quarrels with the husband or his family.

The High Court, after perusing the Family Court records, noted that the marriage was an inter-caste love marriage solemnized in2003. Out of the wedlock, a daughter was born, who is now almost a major. The High Court noted the husband's own admission before the Family Court in cross-examination that he was 'not interested' and had 'no interest' in resuming the marital life with the respondent wife.

“The appellant wants to take advantage of his own wrong.…We find no ground to interfere with the impugned judgment and decree passed by the Family Court and therefore, we dismiss this appeal”, the Court concluded.

Case Title: M v. B

Case No: Miscellaneous First Appeal No. 4343 Of 2026

Citation: 2026 LiveLaw (Kar) 256

Click Here To Read/ Download Order

Click Here To Read/Download Order