Recently, the Karnataka High Court ruled that wife humiliating her husband by commenting on her dark-skin color amounts to cruelty.
The Court further noted that the wife’s decision to distance herself from the company of her husband and to level false allegations of extramarital affair to cover up her act, was cruel.
A bench of Justices Alok Aradhe and Anant Ramanath Hegde made the observation while allowing a divorce plea filed by a husband.
In the same matter, the Court said, “The evidence on record, from close scrutiny also leads to the conclusion that the wife used to insult the husband on the premise that he is dark. And for the same reason has moved away from the company of the husband without any cause. And to cover up this aspect, has levelled false allegations of illicit relationships against the husband. These facts certainly will constitute cruelty.”
The Court made the aforementioned observation while dealing with an appeal of a husband contesting the decision of a family court in Bengaluru which dismissed his plea for the dissolution of his marriage under Section 13 (i)(a) of the Hindu Marriage Act, 1955.
The husband had filed for dissolution of his marriage in 2012. In the plea, he claimed that her wife was frequently humiliating him by pointing out towards his dark skin color.
Moreover, it was alleged by the husband that in 2011, his wife had filed a ‘false’ complaint against him and family members, citing cruelty under Section 498A of the Indian Penal Code. He also claimed that his wife had left him and was living with her parents.
However, the wife refuted all the allegations made by her husband and also asserted that he had an illicit relationship with another woman. She also contended that her husband had subjected to physical abuse and that his family’s behaviour towards her was unsatisfactory.
The Court found that there was no evidence on record to support the wife’s allegation that her husband was having an extra-marital affair with another lady. Due to insufficiency of evidence, the Court, therefore, concluded that the allegations made by the wife on her husband were reckless and baseless.
The Court proceeded to hold that the family court failed to take into account the consequences of such groundless and careless accusations made on the husband’s character.
The Court also look into the fact that the wife was filing multiple legal cases against the husband and his family and since there was no communication between the husband and wife for many years.
“When the question has been put to the wife in the cross-examination, whether she is willing to join the company of the husband, the wife though has stated that she is willing to join the company, has stated that she is not willing to withdraw any of the complaints filed against the husband and his family members. This fact would clearly establish that the wife is not willing to join the company of the husband and there is a big rift between the husband and the wife.” the Court observed.
As a result, the Court concluded that the husband’s allegations of cruelty were duly established. Thus, the Court accepted the husband’s plea to dissolve his marriage and granted a decree of divorce.
Advocate Janardhana G represented for the husband. While Advocate D Bhuvaneshwari appeared for the wife.
Source: https://www.barandbench.com/news/litigation/karnataka-high-court-wife-calling-husband-dark-skinned-cruelty-allows-divorce
