Friday, Oct 07, 2022

Treating wife like cash cow amounts to cruelty, Karnataka High Court rules while allowing divorce plea

The 44-year-old woman approached the high court after a family court rejected her divorce plea. The husband lived in India on her earnings from the UAE.

Karnataka HC news, indian expressThe counsel for the government told the court Thursday that the government is not going ahead with the documentation on August 8. (File Photo)

A Karnataka High Court division bench has granted divorce to a 44-year-old woman on the grounds of cruelty by her husband who lived in India on her earnings from the United Arab Emirates (UAE). The court ruled that the husband, 55, treated his wife like a “cash cow and had a materialistic attitude” towards her.

“The respondent had no emotional ties with the appellant. The attitude of the respondent in itself has caused mental agony and emotional trauma to the appellant which is sufficient to make out a ground of mental cruelty,” the court ruled while granting a divorce on June 21.

The woman approached the high court after a family court rejected her divorce plea on the grounds that no cruelty had been made out as contended by her.

The high court bench, comprising Justice Alok Aradhe and Justice J M Khazi, ruled that treating the wife on a materialistic basis like a “cash cow” amounts to cruelty.

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The couple, who were married in 1999 in Karnataka, faced several financial issues resulting in the wife moving to the UAE in 2008 to work in a bank to earn a living for the family. Using her earnings, she paid the debts of her husband’s family and also invested in a small business for him in the UAE – which he abandoned after a short period, according to the plea.

The high court, after examining the documents and the statement of accounts produced by the woman, said “various transactions amounting to Rs 60 lakh in all” were made in favour of the husband by the woman and allowed the appeal against the family court order.

“The family court has grossly erred in not appreciating the version of the appellant and it ought to have been appreciated that the testimony of the appellant was not even put to cross-examination. Therefore, there is no convincing reason not to accept the uncontroverted testimony of the appellant. Thus, the ground for dissolution of marriage on the ground of cruelty as provided under Section 10(X) of the Act is made out,” the high court ruled.


It also set aside the decree and judgment of the family court of June 22, 2020, and ordered and issued a decree of divorce under Divorce Act Section 10(X) [has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it would be harmful or injurious for the petitioner to live with the respondent].

First published on: 20-07-2022 at 01:35:51 pm
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