HC grants decree of divorce for wife used to insult husband for dark skin

The Karnataka High Court has allowed a plea for divorce filed by a man on the ground of cruelty under the Hindu Marriage Act as his wife used to insult and humiliate him for his dark skin.

A division bench of Justices Alok Aradhe and Ananth Ramanath Hegde allowed the petition by the man for dissolution of marriage and granted the decree of divorce while setting aside the order of the Family Court which had found it as "normal wear and tear" in the family.

The bench said that a close scrutiny of the evidence on record "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."

According to the facts of the case, the couple from Bengaluru had married on November 15, 2007.

However, the man filed the divorce in 2012 when their daughter was aged three-and-half-year old. The husband alleged that his wife used to humiliate him on the pretext that he is dark-skinned and he used to bear the insult for the sake of the child. He further claimed that on October 29, 2011, the wife filed a complaint with the Banaswadi police station against him and his family members including his aged mother, for alleged offences under IPC section 498A.

The husband had sought for divorce on the ground of mental agony caused to him and his family members by the wife.

The wife, on the contrary, claimed that she was not looked after well even though she was giving all her earnings from her employment in a private company to the husband. She further alleged that the husband had an illicit relationship with a woman and continued it even after the marriage.

In its order, the division bench pointed out that the family court had failed to properly appreciate the evidence.

The court noted that the wife is prosecuting several cases against the husband and his family members and for the last many years, there is no contact between the husband and the wife.

"When the question has been put to the wife in the cross-examination, whether she is willing to join the company of the husband, the wife though has stated that she is willing to join the company, has stated that she is not willing to withdraw any of the complaints filed against the husband and his family members. This fact 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 bench said.

“In the facts and circumstances of the case, the conduct of the wife in not agreeing to withdraw the complaint even if she joins the company of the husband would probabilise the contention of the husband that the wife has ill-treated the husband," the bench also noted.