Wife insulting husband on his skin colour amounts to cruelty, Karnataka High Court while allowing plea for dissolution of marriage

As per the husband, his wife levelled baseless allegations against him that he was having an illicit affair with a lady and has a child from her, initiated various legal proceedings against him and his family, refused to cohabit with him and consistently insulted him on his dark skin color.

Bengaluru: The Karnataka High Court granted a divorce to a husband who submitted that his wife levelled baseless allegations against him and consistently insulted him on his skin colour, saying that it certainly will constitute cruelty.

“As far as the principle relating to cruelty, it is well-settled that the cruelty need not be physical, it can be even mental cruelty,” the High Court said.

A bench comprising Justice Alok Aradhe and Justice Anant Ramanath Hegde was hearing a plea of a husband challenging a Bengaluru Family Court order refusing to grant him divorce from his wife filed under the Hindu Marriage Act and said that the plea of cruelty alleged by the husband is duly established.

As per the husband, his wife levelled baseless allegations against him that he was having an illicit affair with a lady and has a child from her, initiated various legal proceedings against him and his family, refused to cohabit with him and consistently insulted him on his dark skin color. He further alleged that his wife was harassing him from the date of marriage without there being any cause and made a complaint about him before his employer and the employer has called upon the husband seeking an explanation.

The husband further alleged that his wife treated him with cruelty and all these acts of the wife led to mental agony and he went into depression and based on these facts, he sought for dissolution of the marriage on the ground of cruelty from the wife.

The Family Court dismissed the plea of the husband on the premise that the normal wear and tear in the family is not a ground for the dissolution of marriage on the ground of cruelty.

The High Court said that the Family Court has not considered the effect of baseless and reckless allegations relating to the character of the husband and the facts in the case 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.

The High Court further said that the husband having an illicit relationship with a lady is totally unfounded and baseless as well as reckless and 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. The High Court added that 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.

“The evidence on record, from close scrutiny also leads to the conclusion that 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. For the reasons assigned, this Court is of the view that the plea of cruelty alleged by the husband is duly established,” the High Court said while setting aside the order of the Family Court and allowing the plea of husband seeking dissolution of marriage.