Allegations against the husband of having an illicit relationship and fathering a child with another woman – Mental Cruelty – Karnataka High Court
In a significant ruling, the Karnataka High Court has granted divorce to an appellant, SRI.K.MURTHY, based on allegations of cruelty inflicted upon him by his spouse. The bench, comprising of THE HON’BLE MR JUSTICE ALOK ARADHE and THE HON’BLE MR JUSTICE ANANT RAMANATH HEGDE, delivered the judgment which underscores the importance of mental cruelty as a ground for dissolution of marriage.
The court observed, “The fact that the wife has lodged a complaint against the husband is very much admitted in the pleading as well as in the evidence. However, the said case is still pending consideration. This Court is not in a position to give any finding on the correctness or otherwise against the allegations levelled in the said complaint filed by the wife. However, what has to be noticed is that the wife in paragraph 10 of the statement of objections, levelled against the husband that he is having an illicit relationship with a lady by the name Madhumitha.”
The judgment delves into the conduct of the wife, highlighting instances of baseless and reckless allegations, refusal to withdraw complaints, and a rift between the couple. The court emphasized that the wife’s actions led to mental agony and could be construed as cruelty. The bench declared, “This fact has not been appreciated by the Family Court at all. Though the husband has not based the petition on the premise that such an allegation is made by the wife prior to the filing of the petition, The statement of objections filed by the wife as well as the cross-examination on behalf of the wife would indicate that the wife raised this issue even prior to the filing of the petition.”
The judgment also refers to earlier legal decisions that underscore the significance of mental cruelty in matrimonial cases. The court set aside the Family Court’s judgment and decree, granting the husband’s petition for dissolution of marriage. Alimony and maintenance issues were reserved for separate consideration.
This verdict reinforces the notion that mental cruelty can be equally compelling grounds for divorce as physical cruelty. It also serves as a reminder that false allegations and baseless accusations can have profound impacts on marital relationships.
DATED THIS THE 3RD DAY OF JULY, 2023
SRI.K.MURTHY, vs SMT.V.KALAIVANI,
