Baseless allegation of adultery on wife, court imposed fine of Rs 10,000 on husband

Leader Online Desk: Karnataka said that a husband doubting the character of his wife and making baseless allegations of adultery, doubting the paternity of his child and forcing the child to undergo a DNA test is a form of mental cruelty.
The High Court imposed a fine of Rs 10,000 on the husband. It has also canceled the divorce granted by the Family Court.

Husband accuses wife of adultery and 'black magic'

The couple married in 1999 and have a son. The husband filed an application for divorce in the family court in 2003. The wife stays with her parents for at least 15 days in a month. She often fights, she is an adulterer. Her husband also accused her of practicing 'black magic'. The family court rejected adultery charges against the wife but granted divorce on the grounds of cruelty.

Wife ran to High Court

The wife had challenged the decision to grant divorce on the grounds of cruelty in the High Court. On the petition filed on his behalf, Justice K.S. The hearing was held before the bench of Mudgal and KV Arvind. The wife's counsel argued that the family court accepted the allegation of giving medicines to weaken the husband's physical condition without any blood test or forensic evidence. He also clarified that there is no evidence to prove any black magic.

Husband's baseless allegations of adultery against wife amount to mental cruelty: Karnataka High Courthttps://t.co/W74zBFDUzl

– Bar & Bench (@barandbench) 26 December 2023

Court also took cognizance of the allegation of demanding dowry

The High Court also clarified that the wife refused to stay at her parents' house for fifteen days. The wife used to come to her parents' home once in three months. It is natural for a married woman to visit her parents' house once in three months and inquire about her parents, siblings and other family members. This is a common practice in all families. The court also took cognizance of the allegation that the wife had demanded dowry. The bench also clarified that if the wife visits her parents' house once in three months, the petitioner's demand for dowry cannot be justified.

…till then there is no reason to divorce

The allegations of adultery made by the husband against the wife are baseless. Doubting the character of the wife, doubting the paternity of the child, forcing the wife and child to undergo DNA test is mental cruelty. The court considered all the allegations of the husband as mere allegations. Unless allegations of cruelty are proven, there is no reason to grant divorce. The bench also clarified this.

Abuse of legal process, husband fined Rs 10,000

The husband inflicted mental cruelty on his wife. Filed a divorce petition alleging cruelty and abuse of process of law. Saying that his behavior would have to pay a heavy price, the court canceled the divorce order and imposed a fine of Rs 10,000 on the husband.

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