Wife humiliates husband over skin colour, Karnataka HC says its 'cruel', grants divorce

In a recent ruling, the Karnataka High Court (HC) while granting dissolution of marriage to a couple, highlighted that a woman repeatedly calling her husband dark-skin related slurs and leveling false allegations of dowry and affair to cover it up constitutes cruelty. The court emphasized that a woman’s persistent derogatory remarks about her husband’s skin color, her subsequent departure from the marriage for the same reason, and her attempt to mask her actions by falsely accusing him of an illicit affair, are forms of cruelty. The couple tied the knot on November 15, 2007, and they were blessed with a daughter. However, trouble emerged within their marriage, leading to the submission of a divorce petition in 2012 when their daughter was merely three and a half years old. The husband claimed that his wife consistently belittled him due to his dark complexion, but he tolerated the insults for the sake of their child. He recounted an incident on October 29, 2011, when his wife filed a complaint at Banaswadi police station, accusing him and his family, including his elderly mother, of offenses under IPC section 498A, which pertains to cruelty towards a spouse. As a result of the complaint, the husband was compelled to appear at the police station and court over numerous days, eventually requiring him to seek bail. Subsequently, he sought a divorce on the grounds of the mental harassment inflicted upon him and his family by his wife’s actions. In her defense, the wife argued that despite contributing her earnings from a private company to the household, she received inadequate care. She further alleged that her husband maintained a romantic relationship with another woman even after their marriage. The family court, in October 2017, rejected the divorce petition, asserting that the issues raised were commonplace challenges faced in family life. Unhappy with this verdict, the husband contested the court’s decision. After a thorough examination of the case records, a division bench comprising Justices Alok Aradhe (who has since become the chief justice of Telangana HC) and Ananth Ramanath Hegde opined that the family court had not adequately assessed the evidence. The bench noted, “It is evident that the wife has initiated multiple legal proceedings against the husband and his family. Furthermore, for several years, there has been no communication between the husband and wife.” During cross-examination, when asked if she would be willing to reconcile with her husband, the wife expressed her willingness to do so. However, she asserted that she would not withdraw the complaints she had lodged against her husband and his family members. The bench highlighted, “This circumstance underscores that the wife is not genuinely seeking reconciliation with her husband, and a significant divide exists between them.” Considering the case’s context, the bench concluded that the wife’s unwillingness to retract her complaints even while contemplating reconciliation lends credence to the husband’s claim of mistreatment. The evidence on record also suggests that the wife consistently demeaned her husband based on his complexion and subsequently distanced herself from the marriage without justifiable cause.