The Karnataka High Court has held that making unsubstantiated allegations of mental disorder or absent-mindedness against a spouse constitutes legal cruelty, as such claims attack an individual's core dignity and right to live a dignified life under Article 21 of the Constitution of India.

A Division Bench of Justice Ashok S. Kinagi and Justice Subramanya Rangarao dismissed an appeal filed by a husband seeking divorce on grounds of cruelty and mental disorder, ruling that mere production of hospital documents without examining an expert medical witness or treating doctor is insufficient to establish mental illness.

“Unsubstantiated claims of mental disorder or absent-mindedness amount to legal cruelty, as they attack a person's core dignity and right to live a dignified, peaceful life with reputation on the touchstone of Article 21 of the Constitution of India, inasmuch as such allegations would leave an unfavourable imprint on the life of a person in a civilized society,” the Court observed.

The Bench noted that the husband neither produced a certificate regarding the wife's alleged mental disorder and absent mindedness, nor called the treating doctor as a witness.

“Mere production or marking of documents ipso facto cannot be construed as allegations being established. In other words, mere marking of documents does not dispense with the burden of proving. Since no expert or the Doctor is examined, the aforementioned documents alone cannot establish the petitioner's case,” the Court said.

It added, “The other allegation of the Appellant relating to cruelty at the hands of the Respondent–wife is concerned, there is absolutely no material forthcoming. The allegations or averments in the pleading cannot be taken at face value; they must be corroborated by oral and documentary evidence and established in the manner known to law. The burden or onus of establishing his case lies heavily upon the Appellant–husband. Since the Appellant has failed to establish his case, the question of the Respondent-wife proving a negative is unknown to law.”

Finding no merit, the High Court dismissed the appeal.

Background

The marriage between the appellant-husband and respondent-wife was solemnized on May 19, 2019, in Andhra Pradesh according to Hindu rites and ceremonies. The respondent-wife left the matrimonial home on June 25, 2019. After issuing a legal notice on March 25, 2020, the appellant-husband filed a petition before the Principal Judge, Family Court, Bidar under Section 13(1)(ia) and (iii) of the Hindu Marriage Act, 1955, seeking dissolution of marriage on the grounds of cruelty and incurable mental disorder.

In her defence, the wife filed objections and a counterclaim seeking compensation. On October 12, 2022, the Family Court dismissed the husband's petition for divorce as well as the wife's counterclaim for compensation.

Challenging the Family Court's order, the appellant approached the High Court. He argued that records sufficiently established the wife's absent-mindedness and mental disorder, that her departure amounted to desertion, and that the marriage had broken down irretrievably.