Unsubstantiated Claim That Wife Accused Husband Of Having HIV/AIDS Insufficient To Grant Divorce: Karnataka High Court

The Karnataka High Court has held that a claim by a person that their spouse has accused them of suffering from a grave illness like HIV/AIDS won't amount to mental cruelty in order to seek divorce, unless corroborated with sufficient evidence.

The Division Bench of Justice Suraj Govindaraj and Dr Justice Chillakure Sumalatha, setting aside the decree for divorce, opined that the Family Court erred in granting the divorce decree by blindly accepting the husband's uncorroborated testimony that his wife had accused him of suffering from the ailment of HIV/ AIDS.

"The case of the husband is that the wife and her parents subjected him to ill-treatment, used abusive and vulgar language, and further imputed that he was suffering from HIV/AIDS. These allegations, if established, would undoubtedly fall within the ambit of mental cruelty as contemplated under Section 13(1)(ia) of the Hindu Marriage Act, 1955, particularly having regard to the serious and stigmatic nature of such imputations. However, the critical question is not the nature of the allegation but whether such allegation has been proved in accordance with law. In support of his case, the husband has examined himself as PW.1. No documentary evidence has been produced. No independent witness has been examined. There is no contemporaneous material, such as complaints, correspondence, or testimony of persons who may have witnessed the alleged conduct, to lend assurance to the version of the husband. Thus, the finding of cruelty rests solely on the uncorroborated and interested testimony of the husband".

The court said that when the allegation is of a serious nature, such as imputing a grave illness, then the Court must seek some degree of corroboration or supporting circumstances before recording a finding of cruelty.

"Acceptance of such allegations in the absence of any supporting material would render the adjudicatory process vulnerable to subjective satisfaction rather than objective judicial determination”, the bench said adding that there cannot be 'differential standards' in evidentiary procedures.

The allegations levelled by the husband about the wife making untrue remarks about her husband's disease, if proven to be true, would have fallen 'within the ambit of Section 13(1)(ia) of the Hindu Marriage Act, 1955', particularly having regard to the 'serious and stigmatic nature of such imputations', the court said.

Background

The appeal was preferred by the wife against the order of the Family Court at Bidar, which granted a decree for dissolution of marriage. The marriage was solemnised in 2002 between the parties, out of which two sons were born to them.

The husband, before the family Court, sought divorce on the ground that the wife falsely accused him of being an HIV/AIDS patient, among other grounds. The wife also wrongly accused the husband of maintaining an illicit relationship with another woman; the respondent husband had argued. The husband tried to bring the allegedly tarnishing remarks and imputations made by the wife under the ambit of 'mental cruelty' [Section 13(1)(ia) of the Hindu Marriage Act, 1955].

In contrast, the wife argued before the family court that her husband's adulterous relationship forced her to leave her marital home and live separately. According to her, she was ill-treated by her husband and his family members.

The Family Court had accepted the husband's contentions about HIV/ AIDS allegation by the wife and granted the divorce for the mental cruelty committed by the wife. The family court also inferred that the wife had deserted her matrimonial home, which constituted another ground for dissolution of marriage.

Aggrieved by the order, the wife approached the High Court in appeal.

Findings

Accepting the arguments levelled by the wife, the court pointed out the discrepancy in disregarding the oral claims of the wife regarding adultery, whereas the husband's testimony containing alleged acts of cruelty by the wife was readily accepted.

"…The judicial process mandates uniform application of evidentiary standards to both parties. A finding cannot be sustained where one party's uncorroborated testimony is accepted, while the other's is rejected for want of corroboration, without any rational basis for such distinction”, the bench sitting at Kalaburagi further clarified.

The counsel for the wife also showed willingness to produce documents about another son born out of the illegitimate relationship between her husband and another woman.

The court, taking note of the application and affidavit filed along with it regarding the existence of another son, noted that the husband's allegation of desertion by the wife does not instil confidence; this observation was made in light of the wife's allegation with documentary evidence that she could prove the existence of another child born out of the alleged adulterous relationship the husband had with another woman.

“… the wife has consistently pleaded that her separate residence was not voluntary but was compelled by the conduct of the husband, including his alleged relationship with another woman. If such a plea is substantiated, the legal consequence is significant: the separation would cease to be desertion and would instead amount to justified withdrawal from cohabitation. The law does not require a spouse to remain in a matrimonial relationship when the other spouse's conduct renders cohabitation unreasonable, unsafe, or undignified”, the court noted in the order.

The husband living in an adulterous relationship with another woman would be a justified reason for the wife to leave separately, and such an act wouldn't constitute desertion by the wife, the court further told.

Accordingly, the High Court has set aside the decree of divorce and instructed the Bidar Family Court to consider the divorce petition afresh by allowing both parties to lead evidence, do cross-examination, etc. and adjudicate the matter within 6 months.

Case Title: S v. R & Anr.

Case No: MFA No. 200082 of 2017

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