Karnataka High Court: While deciding the instant appeal wherein a husband had challenged the dismissal of his petition seeking dissolution of his marriage on the ground that he was allegedly being humiliated by his wife due to being dark-skinned; the Division Bench of Alok Aradhe and Anant Ramanath Hegde*, JJ., set aside the impugned judgment of the Family Court dismissing the husband’s petition and held that the evidence presented by the husband sufficiently established the wife used to insult him on the premise that he is dark-complexioned; and for the same reason she moved away from the company of the husband without any cause, and to cover up this aspect, had levelled false allegations of illicit relationships against the husband. The Court was of the view that these facts certainly constituted cruelty.
The parties whose marriage was solemnised on 15-11-2007 have a 3½ year-old daughter when the husband filed for divorce. The husband stated that his wife used to humiliate him on basis of his dark skin colour and that he used to bear these insults for the sake of their daughter.
It was further stated that on 29-10-2011, the wife went to Banaswadi Police Station and lodged a complaint against him and his family members including his aged mother, for alleged offences under Section 498-A of Penal Code, 1860 and was harassed by the Police. It was further stated that the wife has left the matrimonial home along with their child.
The husband stated that the afore-stated acts of the wife led to mental agony and he went into depression. Based on these facts, the husband then sought for dissolution of their marriage on the ground of cruelty from the wife.
Per contra, the wife alleged mistreatment from husband and her in-laws and dowry related harassment. She also alleged that her husband is involved in an illicit affair with another woman.
The Family Court upon examining the husband’s petition dismissed the same stating that he has not made out a case for dissolution of marriage on the ground of cruelty.
Aggrieved by this decision, the husband preferred the instant appeal.
Counsel for the petitioner argued that the allegations of cruelty by the wife were duly established by producing evidence before the Family Court but it failed to appreciate the same and had erroneously dismissed the petition. The wife in her statement of objections made false and unfounded allegations stating that the husband is having an illicit relationship. It was argued that such an unfounded allegation is nothing but an act of mental cruelty.
The husband’s counsel further stated that the wife has not made any attempt to join the company of the husband and the evidence on record would establish that she was not interested in the marriage because of the dark complexion of the husband. By referring to these contentions, it was urged that the Family Court ought to have granted a decree for the dissolution of marriage.
Court’s Assessment: Perusing the facts and contentions raised, the Court stated that it is well-settled that the cruelty need not be physical, it can be even mental cruelty.
The Court took note of the fact that the wife levelled against the husband that he is having an illicit relationship. The Court also considered that there is no acceptable evidence on record to accept the said contention of the wife that the husband is having an illicit relationship. Therefore, the High Court was of the view that allegations of illicit relationship are totally unfounded and baseless as well as reckless.
The Court also pointed out that the Family Court did not consider the effect of baseless and reckless allegations relating to the character of the husband.
The Court also pointed out that the wife is prosecuting several cases against the husband and his family members and for the last many years, there is no contact between the husband and the wife. When the question was put to the wife in the cross-examination that whether she is willing to join the company of the husband, the wife stated that she is willing to join the company, however, 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. 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 thecontention of the husband that the wife has ill-treated the husband.
Upon closely examining the evidence on record, the Court drew the conclusion that that the wife used to insult the husband for his dark complexion and moved away from the company of the husband and further levelled false allegations in order to cover up her behaviour.
Consequently, the petition seeking dissolution of marriage filed by the husband was allowed by the High Court and marriage solemnised on 15-11-2007 was dissolved by a decree of divorce.
[K. Murthy v. V. Kalaivani, 2023 SCC OnLine Kar 48, decided on 03-07-2023]
*Judgment delivered by Justice Anant Ramanath Hegde
Advocates who appeared in this case :
For appellant- Janardhana G., Adv.;
For respondent- D. Bhuvaneshwari, Adv.
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