Title: ABC And XYZ
Case NO: MISCELLANEOUS FIRST APPEAL NO. 8998 OF 2017
Date of Order: 03-07-2023
CORAM:HON’BLE JUSTICE ALOK ARADHE AND HON’BLE JUSTICE ANANT RAMANATH HEGDE
The Karnataka High Court has ruled that cruelty would be established if a wife engages in insulting her husband based on his ‘dark’ complexion, distancing herself from him due to this reason, and making unfounded accusations of extramarital affairs as a way to conceal her actions
FACTS OF THE CASE
In 2007, the couple entered into matrimony and later became parents to a daughter. In 2012, the husband initiated divorce proceedings at a family court in Bengaluru. The husband’s contentions centered around his wife’s consistent belittlement of him due to his “darker complexion.” Additionally, in 2011, the wife lodged a reportedly “false” complaint against him and his relatives, invoking Section 498A of the Indian Penal Code, accusing them of wrongdoing. Furthermore, she chose to depart from the petitioner’s company to reside with her parents. The wife contested these allegations, asserting that the husband engaged in an extramarital affair. She also alleged that the petitioner subjected her to physical abuse and that her treatment within his family was unfavorable.
Upon reviewing the evidence presented by the wife regarding her allegations of her husband’s extramarital affair, the Court concluded that there was no credible evidence to support the claim that the husband was involved in such a relationship. Additionally, there was no proof that the husband had a child with the alleged woman, as the birth certificate provided did not mention any child’s name.
As a result, the Court determined that the accusations made by the wife against the husband were completely baseless and without proper foundation. The Court emphasized that making such groundless allegations in legal documents could inflict significant mental distress on the accused party.
The Court also criticized the Family Court for not considering the impact of these unfounded and reckless character allegations against the husband. It noted that during cross-examination, the wife expressed willingness to be with her husband but refused to retract her complaints. This refusal to withdraw the complaints despite being willing to reconcile with the husband indicated a significant rift between the couple.Thus the court allowed the appeal filed by the husband and set aside the family court order refusing divorce decree.
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Written by- Shreya Sharma