Case Title: K. Murthy vs V. Kalaivani
The division bench of Justice Alok Aradhe and Justice Anant Ramanath of Karnataka High Court while allowing the petition of husband seeking dissolution of marriage, held that the evidence presented by the husband indicates that the wife used to insult the husband that he is dark-complexioned, which is considered as a cruelty to husband.
The appeal was preferred by the husband against the dismissal of his petition by the Family court stating that he has not made out a case for dissolution of marriage on the ground of cruelty.
The marriage between the parties was solemnized in the year 2007. After which she used to humiliate her husband on the basis of his dark skin colour. She also left her matrimonial home along with her child and lodged a complaint against him and his family members for the offences under Section 498 A of Indian Penal Code. She also alleged that her husband is involved in an illicit affair with another woman.
The husband stated that due to the afore-stated acts of the wife, he went into depression, therefore, he sought for divorce.
The counsel for the petitioner submitted that the wife’s allegations that the husband is having illicit relationship is unfounded allegations. It is further stated that the wife is not interested in the marriage because of her husband’s dark complexion, hence she has not made any attempt to join the company of the husband.
The bench stated that it is well-settled that the cruelty need not be physical, it can be even mental.
The bend further stated that the wife failed to prove her husband’s illicit relationship. Therefore, the allegations of illicit relationship are totally unfounded and baseless.
The bench pointed out that there is not contact between the husband and wife. When the wife was asked about her willing to live with the husband in the cross examination, she stated that she is willing to join the company of the husband, in the other hand she is not willing to withdraw the complaints filed by her against her husband and his family members which shows that the wife is not willing to stay with her husband.
After examining the evidence, the bench came into the conclusion that the wife used to insult her husband for his dark complexion and levelled false allegations to cover up her behaviour towards her 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 impugned judgment and decree passed by the Family Court have to be set aside and accordingly, they are set aside”.
Considering the facts of the case, court allowed the petition filed by the husband seeking dissolution of marriage.