K’taka HC: False adultery claims against wife cruelty | Bengaluru News – Times of India

K'taka HC: False adultery claims against wife cruelty | Bengaluru News - Times of India

BENGALURU: Petitioner accused of unsubstantiated adultery allegations leveled by a man against his wife, doubting the paternity of their child and forcing the wife and son to undergo a DNA test. Dhana, the High Court of Karnataka has observed in a recent judgment. .
“Therefore, even if she lives in her parents’ house, such treatment/cruelty of the petitioner is a sufficient reason for her alienation from society. She (husband) cannot be allowed to take advantage of her mistake.” ” A division bench comprising Justices KS Mudgal and KV Arvind observed in its order, directing the 51-year-old husband to pay Rs 10,000 to his 47-year-old wife as expenses.
The couple got married in 1947. Kolar On 12 May 1999
Family Court passed judgment without evidence: High Court
However, things soon turned sour and the husband filed for divorce. The husband alleged that despite adopting family planning methods, his wife became pregnant, and she failed to respond adequately to the boy’s presence in her bedroom.
He further alleged that the wife used to stay at her parents’ house for 15 days in a month without his consent and used to cut her hair and indulge in black magic activities, besides making her weak/physically handicapped. He was given drugs. On the other hand, the wife filed a complaint with Malvar police alleging dowry harassment And first Karnataka State Commission for Women.
On 28 October 2011, the family court in Bengaluru granted divorce to the husband, saying that the wife had caused mental anguish to her partner by her actions. Challenging the verdict, the wife claimed that the charge of drug administration was accepted by the family court without any blood tests or forensic evidence. He further argued that there was no evidence that she was practicing black magic.
The husband replied that they have been living separately since 2003 and if the marriage is not broken, no purpose will be served. He added that his son is now 21 years of age and since the marriage was irretrievably broken, the appeal should be dismissed.
After perusing the material on record, the Division Bench pointed out that the Family Court, by merely accepting the fact that the wife’s elder brother is a drug expert in Kolar, has come to the conclusion that the husband was given drugs, Which was ruining his routine. Physical condition and it is equivalent to mental cruelty.
Bills, prescription slips and laboratory reports do not indicate or refer to drug administration. The bench declared that the decision of the family court is without any basis.
“The family court, without any evidence, came to the conclusion that the wife practiced black magic, therefore, the family court erred in coming to any conclusion against the wife,” the bench said.
Referring to the Supreme Court’s decisions in Samar Ghosh v. Jaya Ghosh as well as Suman Singh v. Sanjay Singh, the bench said that the husband’s baseless allegations of adultery and doubting the paternity of his child met the parameters laid down by the Supreme Court. would not, observed the Bench, while setting aside the order passed by the Family Court.

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