Keywords: dark complexion , cruelty ,duly established
Recently , the Karnataka High Court has held that a wife who criticizes and insults her husband on the basis of his dark complexion , leaving his company and initiating untrue allegations relating to illicit affairs can be considered as cruelty.
The case deals with a couple who got married in 2007 and later , in 2012 , the husband approached a family court in Bangalore pleading for divorce on the pretext of him being humiliated by his wife due to his dark complexion.
It also came to notice that a false complaint was lodged against the husband and his family under Section 498 A IPC.
Furthermore , the wife claimed that the husband was involved in an affair and also alleged assault at his hands.
The Division Bench which included Justice Alok Aradhe and Justice Anand Ramanath Hegde allowed the appeal which was filed by the petitioner and also claimed that there was no relevant evidence to prove the wife’s contentions related to the petitioner having an affair. The Court also endorsed the view that the husband was subjected to enormous mental cruelty due to the nature of allegations levelled against him and chided the Family Court in failing to consider the impact of these reckless accusations. The Court further stated that the intention of the wife was to treat the husband badly . Therefore , the Court claims that the petition alleging “ plea of cruelty by the husband is duly established”.
Written by Parvati Arun , an intern under Legal Vidhiya
