The Karnataka High Court recently ruled that a wife demeaning her husband by calling him dark-skinned amounts to cruelty.
The Court further noted that the wife’s decision to separate herself from the husband’s company and to level false allegations against him of having physical relationships to cover up this aspect, was cruel.
A Two-Judges Bench comprising of Justice Alok Aradhe and Justice Anant Ramanath Hegde made the observation while allowing a husband’s divorce plea.
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 leveled false allegations of illicit relationships against the husband. These facts certainly will constitute cruelty.”
The Court stated this while dealing with an appeal filed by the husband contesting the decision of a Bengaluru family court to dismiss his plea for the dissolving his marriage under Section 13 (i) of the Hindu Marriage Act, 1955.
The husband had filed for divorce from her wife in 2012. In the plea, he claimed that his wife consistently humiliated him on the basis of his dark skin color.
Moreover, the husband also alleged that his wife had lodged a false complaint against him and his family members under Section 498A of the Indian Penal Code. He also told the court that his wife had left him and was residing with her parents.
The wife refused all the allegations and asserted that her husband had engaged in an extramarital affair with another woman. Further, she contended that her husband had been subjected to her physical abuse and that she had got unsatisfactory treatment from her husband’s family.
The Court, however, found that there was no evidence on record to prove the wife’s allegations that her husband was having an illicit relationship with another lady. The Court henceforth, concluded that the allegations made by the wife were reckless and baseless.
The Court proceeded to hold that the family court failed to consider the impact of such groundless and careless accusations concerning the husband’s character.
The Court also took into account the fact that the wife had filed multiple legal cases against the husband and his family, since, she had no communication with her husband for many years.
The Court also observed, “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 concluded with the statement that the husband’s allegations of cruelty were duly established. So , it permitted the husband’s plea to dissolve his marriage and thus, granted a decree of divorce.
Advocate Janardhana G appeared for the husband. On the other hand, Advocate D Bhuvaneshwari represented the wife.
Source: https://www.barandbench.com/news/litigation/karnataka-high-court-wife-calling-husband-dark-skinned-cruelty-allows-divorce