Wife calling husband ‘dark-skinned’ amounts to cruelty, says Karnataka HC granting divorce to couple
The Hindu
Karnataka HC grants divorce to man after wife insulted him for being 'dark-skinned', noting it constitutes cruelty. Evidence shows wife moved away from husband without cause and made false allegations of illicit relationships. HC said calling him dark amounted to cruelty and set aside family court order.
The High Court of Karnataka has said that insulting a man for being ‘dark-skinned’ by his wife constitutes cruelty as it underlined this as a strong reason for allowing his appeal and granted him divorce.
The HC stated this, in a recent judgment, while granting divorce to a 44-year-old man from his 41-year-old wife.
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.
“To cover up this aspect, [she] has levelled false allegations of illicit relationships against the husband. These facts certainly will constitute cruelty,” the HC said while allowing the petition for dissolution of the marriage under Section 13(i)(a) of the Hindu Marriage Act.
The couple from Bengaluru got married in 2007 and had a girl child. In 2012, the husband approached a Family Court in Bengaluru seeking divorce.
His appeal was heard by the Division Bench of Justices Alok Aradhe and Anant Ramanath Hegde, which gave the judgment.
“It is the case of the husband that the wife used to humiliate him on the pretext that he is dark-skinned. He has further stated that the husband used to bear insult for the sake of the child,” the HC noted.
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