"Allegations Of Cruelty Are Serious & Consistent"- Karnataka HC While Setting Aside Order Denying Divorce To Wife
A Karnataka High Court Bench of Justice SG Pandit and Justice Vijaykumar A Patil has set aside an order passed by the Family Court which rejected the plea of a woman for dissolving her marriage.
In that context, the Court observed that "The family Court has committed an error in recording the finding that despite the judgment in M.C.No.280/2019, the appellant has failed to join matrimonial home. The family Court has not considered the case of the appellant on its merits for dissolution of marriage on the ground of cruelty. The family Court has committed an error in recording the finding that the appellant has approached this Court in MFA No.101311/2020 challenging the order passed in M.C.No.280/2019, hence, considering the petition for dissolution of marriage does not arise and the petition is not maintainable under law."
Counsel Prruthvi KS appeared for the appellant.
In this case, the couple got married in 2017, but the woman claimed that her husband started demanding dowry and began mistreating her shortly after their marriage. She alleged he would gag her with cloth, physically assault her, pull her hair, and force her into sexual intercourse. Furthermore, she stated that when she informed him of her pregnancy, he was unhappy and concerned about the gender of the child. According to her, her husband neglected his responsibilities towards her and the baby after giving birth.
In response, the husband denied the allegations of cruelty. He argued that the wife left their home without any valid reason, had a stubborn nature, frequently quarreled over trivial matters, and insulted him and his family. He claimed that he did not harass her as alleged and that she deserted him, even though the court had granted an order for the restitution of conjugal rights.
The Court analyzed a catena of judgments, evidence, and the applicable provisions of the law, and subsequently noted that "in the instant case, the respondent-husband has failed to adduce evidence; in the absence of any contra evidence of respondent, the statement of witness on record to be taken as true, which has not been disputed by the respondent."
Further, the Court also added that "the family Court erred in not considering the matter on its merits as the appellant has specifically pleaded the grounds of cruelty and the same are proved in evidence. The allegations of cruelty pleaded and proved are not controverted by the respondent. The allegations of cruelty referred supra are of serious in nature and consistent from the inception of marriage till the appellant started living with her parents. In our considered view, the appellant has proved the grounds of cruelty to dissolve the marriage."
In light of the same, the Court dissolved the marriage between the parties on grounds of cruelty.
Cause Title: Pradnya v. Abhijit