Abusing husband as ‘black-skinned’ is cruelty: Karnataka High Court
The Karnataka High Court granted divorce to a couple where the husband appealed due to his wife's racial remarks and humiliation. The court deemed such behavior as cruel, ruling in favor of the husband. The court dismissed the wife's accusations of an extramarital affair and granted the divorce based on cruelty grounds.
FollowThe Karnataka High Court recently have a decision in favour of divorce, where the husband had appealed with a petition over being called ‘black’ by his wife. The court stated that it is cruel to make racial remarks to the partner in marriage. The family court had rejected the divorce earlier.
The husband stated that his wife often used to call him 'black-skinned' and humiliated him. She had even moved to her own house, instead of staying with her husband, without any significant reason. The high court stated this was cruel to call the partner racial slurs, and ruled in the favour of the husband, granting divorce to the couple.
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The Bengaluru couple Madhukar and Rani (name changed) were married in 2007. They had applied for divorce in 2012 at the family court. The application was rejected by the Second Additional family court of Bengaluru on January 13th, 2017. The husband had questioned the order and appealed to the High Court.
His application stated, "My wife often used to humiliate me saying I am ‘black-skinned'. However, I used to bear the humiliation just for my daughter. She had even filed a harassment complaint against me and my old mother, in 2011, October 9. The police had harassed me a lot regarding the case and I had to roam the police stations and court. Later, the wife returned to her house and never came back. She has no interest in continuing the marriage and also complained to my manager. I have been suffering mentally a lot due to my wife’s behaviour, therefore please grant me a divorce," wrote Madhu in his appeal to the High Court.
The wife sought dismissal for the appeal accusing her husband had an extra-marital affair. She claimed, "My husband had an extra marital affair and used to cuss me every day. During my stay at our new house on April 7, 2011, my husband’s family used to visit and he used to abuse me every day. He used to come late and never let me go out."
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The High Court heard both statements and said that the wife’s accusations were baseless. 'This can affect the husband’s mental health. She even accused the husband’s family and lodged criminal cases. Yet wishes to continue the marriage, even after not being together for several years. This shows her lack of interest in the marriage and a clear rift between the couple,' the court observed while granting the divorce on the grounds of cruelty.
However, if the wife decides to claim alimony, the family court shall review and decide, stated High Court.
