Case Details:
Case No.: Miscellaneous First Appeal No. 8998 of 2017
Bench: Hon’ble Alok Aradhe, J. and Hon’ble Anant Ramanath Hegde, J.
Hon’ble Karnataka High Court dissolved the marriage on the grounds of cruelty by wife, calling husband dark-skinned. The Court also observed that the learned Family Court has erred in considering the effect of baseless and reckless allegations against the husband.
The Court observed that the wife has not made any attempt to join the company of the husband to come back and the evidence on record would establish that she was not interested in the marriage because of the dark complexion of the husband.
The Court further observed that the learned Family Court failed to consider that the wife has made allegations of illicit relationship of husband which is totally unfounded and baseless as well as reckless. The Court concluded that the person against whom such allegation is made will be subject to enormous mental cruelty.
The Court also emphasized that the wife is prosecuting several cases against the husband and his family members for last many years and when the question – whether she is willing to join the company of the husband and his family members – she stated that she is willing to join the company of the husband but is not willing to withdraw any of the complaints filed against the husband and his family members. This fact indicate that the wife is not wiling to join the company of the husband and there is big rift between the husband and the wife.
The Court upon close scrutiny of the evidence on record concluded that the wife used to insult the husband on the premise that he is dark and moved away from the husband and to cover up this aspect, has levelled false allegations of illicit relationship against the husband.