ABC AND XYZ, CITATION: 2024 LIVELAW (KAR) 221

ABC AND XYZ, CITATION: 2024 LIVELAW (KAR) 221

Facts: The family court had granted a decree of divorce under Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act, 1955, based on findings that the wife had subjected the husband to cruelty and had not shown willingness to reconcile. The wife appealed the divorce decree.

Issue: Whether the wife’s appeal challenging the divorce decree abates upon the husband's death.

Observation: The Karnataka High Court held that an appeal filed by a wife challenging a divorce decree does not abate upon the husband’s death. The Court also noted that the filing of police complaints and criminal cases against the husband indicated irreconcilable differences between the parties, affirming that the marriage had broken down irretrievably and upholding the divorce decree granted under Section 13(1)(i-a) and (i-b) of the Act.