8 Aug 2023 8:51 AM GMT
The Karnataka High Court has held that a wife insulting the husband on the premise that he is 'dark', moving away from his company for the same reason and levelling false allegations of illicit relationships as a cover up, would constitute cruelty.A division bench of Justice Alok Aradhe and Anant Ramanath Hegde thus allowed the appeal filed by the husband and set aside the family court...
The Karnataka High Court has held that a wife insulting the husband on the premise that he is 'dark', moving away from his company for the same reason and levelling false allegations of illicit relationships as a cover up, would constitute cruelty.
A division bench of Justice Alok Aradhe and Anant Ramanath Hegde thus allowed the appeal filed by the husband and set aside the family court order refusing divorce decree.
It said, “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 couple got married in 2007 and had a girl child. In 2012, the husband approached a family court in Bengaluru seeking divorce. It was alleged by the husband that the wife used to humiliate him on the pretext that he is "dark-skinned". Further, in 2011, the wife lodged a "false" complaint against him and his family members for alleged offences under Section 498A of Indian Penal Code. Moreover, she left the petitioner's company to stay with her parents, it was averred.
The allegations were denied by the wife and she claimed that the husband had an illicit relationship with another lady. She claimed the petitioner assaulted her and she was not treated well by his family.
On perusing the evidence led by the wife on the allegation of husband having an illicit relationship, the Court said, “There is no acceptable evidence on record to accept the said contention of the wife that the husband is having an illicit relationship with a lady. It is also not forthcoming from any records that the husband is having a child from that lady, as the birth certificate produced does not disclose the name of the child.”
This being the position, the Court was of the view that allegations levelled against the husband that he is having an illicit relationship with the lady were totally unfounded and reckless. “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.”
Court further said the Family Court failed to consider the effect of baseless and reckless allegations relating to the character of the husband.
Noting that wife in her cross-examination had agreed to join the company of the husband but was not willing to withdraw any of the complaints, the bench expressed,
“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. In the facts and circumstances of the case, the conduct of the wife in not agreeing to withdraw the complaint even if she joins the company of the husband would probabalise the contention of the husband that the wife has ill-treated the husband.”
Accordingly it allowed the petition saying "the plea of cruelty alleged by the husband is duly established”.
Case Title: ABC And XYZ
Case NO: MISCELLANEOUS FIRST APPEAL NO. 8998 OF 2017
Citation: 2023 LiveLaw (Kar) 299
Date of Order: 03-07-2023
Appearance: Advocate Janardhana G for Appellant.
Advocate D Bhuvaneshwari for Respondent.
Click Here To Read/Download Judgment