8 August 2023, Mumbai: Bengaluru, Aug 8 (PTI) The High Court of Karnataka has said that insulting a man for being dark-skinned by his wife constiutes cruelty as it underlined this as a strong reason for allowing his appeal and granted him divorce.
The HC stated this, in a recent judgement, while granting divorce to a 44-year-old man from his 41-year-old wife.
Wife constantly humiliated husband
The bench said that to hide this fact, the wife had alleged an illegal affair charge against him. It also underlined that this is undoubtedly considered as a cruelty and quashed the order of the lower court. The court also annulled the marriage and granted divorce for 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, the court noted.
The couple had married in 2007 but the husband had approached the family court seeking divorce in 2012. The court had quashed the petition by the husband on January 13, 2017.
Husband tolerated slurs
The petitioner claimed that after marriage his wife always taunted him as a black man and humiliated him. He somehow tolerated the slurs for the sake of his daughter. He had also claimed that his wife had lodged a complaint against his aged mother and family members in 2011. He was also subjected to torture in connection with the case and he had spent 10 days in police station and the court.
“The wife had moved to her parent’s home and never returned. She had even complained to my employer. I suffered a lot and also was in depression,” the husband had claimed and pleaded that the court should grant divorce to him.
Wife’s allegations were too cruel
The wife pleaded for quashing the petition and claimed that her husband had an affair and had a child out of the affair. She also alleged that her husband used harsh words and did not allow her to go out and come home late.
The wife had also lodged criminal complaints against her husband and his family members. However, the court said that the wife had made baseless allegations against the petitioner.
The bench also stated that the wife’s claim that she is ready to live cordially with her husband while living without him for years and not taking the complaint back shows she has no interest to live with her husband. The court then granted the husband the divorce on the basis of cruelty.
ASC Priya