Husband fined for seeking divorce on false claims

S Shyam Prasad | NT

Bengaluru: While overturning a Family Court order granting divorce, the High Court of Karnataka in turn also imposed a fine of Rs.10,000 on the husband for making false claims against the wife.

The husband had claimed cruelty at the hands of the wife, but the HC said the wife was the victim.

“On overall appreciation of the evidence on record, we are of the view that it is the petitioner who caused mental cruelty to his wife and by abusing the process of law filed the petition seeking divorce alleging cruelty. Therefore his conduct warrants imposition of heavy costs,” the HC said in its judgement.

The woman, then 36, from Kolar had approached the HC with an appeal in 2012 against the Family Court order of October 28, 2011 which had divorce grated.

The couple was married in 1999. The husband filed for divorce in 2003 alleging that she was not interested in the marriage and quarreled frequently.

He alleged that she stayed with her parents for at least 15 days in a month. He also alleged that his wife drugged him. He cited various instances of her being with other men.

He also suspected the paternity of their child and forced a DNA test. The family court rejected the allegation of adultery but found the allegation of cruelty to be true and granted him divorce.

The woman filed the appeal in 2012 and it was heard and disposed by the division bench of Justice KS Mudagal and Justice KV Aravind recently.

The HC said that the woman visiting her parents once in three months is a normal practice and cannot be found fault with.

It said that just because the woman’s brother was a druggist the husband’s allegation that he was drugged cannot be accepted. It also rejected the allegation of black magic.

“The Family Court without any material evidence, merely on the allegation that the respondent was indulged in black magic by cutting his hair, arrived at a conclusion that the respondent indulged in black magic,” the HC noted.

On the other hand, the HC said that it was the husband who had inflicted cruelty on the wife.

“The unsubstantiated allegations of the husband relating to adultery of wife, suspicion on the character of wife, doubting the paternity of the child compelling the wife and son to undergo DNA test amount to the petitioner self-inflicting mental cruelty to wife,” the HC said.

Setting aside the divorce granted by the family court and imposing a fine of Rs.10,000 on the husband, the HC said, “He cannot be permitted to reap the benefit of his own wrong. On overall examination of the case, we are of the view that it is a case of mere accusations.” (MFA 1965/2012)