HC: Wife's charge of cruelty against husband 'vague', no ground for seeking divorce

NT Correspondent

Bengaluru: A woman who alleged she was subject to cruelty by her husband and sought divorce on that ground was told by the court that in the absence of a police complaint, she could not prove those charges. The woman was denied divorce which she had sought on grounds of cruelty by her husband. It was dismissed by the Family Court and the same was upheld by the High Court.

“The allegations made in the petition are vague. Except for a specific instance of 24.05.2015, no other instances are pleaded nor proved. Insofar as the alleged assault and threat on 24.05.2015 by the respondent, it is only a self-serving statement of the appellant. The appellant has neither adduced any independent witnesses, who have witnessed the said incident, nor has given any justification for not filing the police complaint against the respondent,” the Division Bench of Justice Alok Aradhe and Justice Vijaykumar A Patil said in their judgement. The couple were married in 2012 and had a female child out of wedlock.

Alleging cruelty and desertion the wife filed for divorce. The family court however dismissed her plea in February 2016 saying she has filed to prove the ground of cruelty and desertion. She filed an appeal in the HC in 2016 when she was 26 years of age. The HC gave its judgment recently.The HC, however, said that the Family Court order was right.

“The appellant has deposed that the respondent used to insist for transfer of family properties of wife to his name which was not acceded to, was the cause for cruelty. The respondent in his evidence has specifically denied the said allegation and in the absence of any evidence on record to substantiate the said assertion, we do not find any reason to disbelieve the finding recorded by the Family Court,” the Division Bench said. The HC further said that divorce cannot be granted on vague averments.

“The issue of cruelty is to be decided in the facts and circumstances of each case. In the absence of any cogent and acceptable evidence of cruelty on record, the decree of divorce on the ground of cruelty cannot be granted on vague averments,” it said.

Dismissing the wife’s appeal, the HC said, “The Family Court on me - ticulous appreciation of evidence on record has recorded a finding that the appellant has failed to prove the grounds for dissolution of marriage i.e., cruelty and desertion. The findings recorded by the Family Court do not suffer from any infirmity warranting interference by this Court in the present appeal.”