The Karnataka High Court recently allowed a husband’s plea to dissolve his marriage on the ground of cruelty by his wife. The HC observed that the wife used to insult the husband for his dark complexion. “And for the same reason (she) moved away from the company of the husband without any cause,” stated a division bench of Justice Alok Aradhe and Anant Ramanath Hegde.
The court further pointed out that to cover up this aspect, the wife had levelled false allegations of illicit relationships against the husband. “These facts certainly will constitute cruelty,” it opined.
The HC was hearing an appeal filed by the husband against the judgement of the family court dismissing his divorce plea under section 13(i)(a) of the Hindu Marriage Act, 1955.
The couple had married in 2007 and had a 3½-year-old daughter together. It was the husband’s case that his wife used to humiliate him on the pretext that he was dark-skinned. He claimed that since the day of the marriage, his wife was harassing him, and she did the same in front of his employer.
The husband submitted that he used to bear such humiliation for the sake of the child. However, in 2011, his wife lodged a complaint against him and his family members for alleged offences under section 498A of the Indian Penal Code.
On account of this complaint, he was harassed by the police and he was made to appear in a police station as well as to court for several days, the counsel for the husband told the HC.
The counsel further apprised the HC that the wife had already left her matrimonial house and was living with her parents.
Conversely, the wife contested the appeal, asserting that the husband exhibited minimal communication and imposed restrictions on her. Additionally, she stated that the husband and his family members subjected her to verbal abuse and demanded dowry from her father.
The wife further claimed that the husband was having an affair.
The high court held that there was no acceptable evidence on record for the wife’s claim of husband’s extra-marital affair; therefore, they appeared totally unfounded and baseless.
The allegation is serious. If such an allegation is made in the pleading, it can be certainly concluded that the person against whom such allegation is made will be subject to enormous mental cruelty, said the court.
Further, the HC took note of the fact the wife was prosecuting several cases against the husband and his family members and for the last many years, there was no contact between the husband and the wife.
Along with that, the court underscored that the wife had submitted that though she was willing to join the husband’s company again, she was not willing to withdraw the cases lodged against him.
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, opined the HC.
Therefore, for the reasons assigned, the court held the plea of cruelty alleged by the husband is duly established and allowed the appeal.
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