Karnataka High Court upholds divorce of Army man over wife’s complaints to superior officers

Justices Jayant Banerji and Rajesh Rai K noted that the husband sought dissolution of marriage solely on the ground of cruelty.

‘No allegation of dowry demand proved’

• The Karnataka High Court held that the family court had rightly concluded that the husband successfully proved cruelty, particularly due to the wife’s repeated complaints to institutional authorities and superior officers, which adversely affected his service life.
• The court, on April 21, further noted that filing a false affidavit alleging non-payment of maintenance, despite evidence showing regular payment, also amounted to cruelty.
• It was placed on record before the Karnataka High Court that the husband sought dissolution of marriage solely on the ground of cruelty.
• The husband was alleging many instances of complaints being lodged by the wife before the Mahila Santwana Kendra and also to the higher officers of the Army, where the husband was working. 
• It was further noted by the high court that the said act of complaining to Mahila Santwana Kendra and higher officers of the Army has been admitted by the wife. 
• The Karnataka High Court found that the wife failed to produce any documents to prove the allegations of dowry against the husband and his family members. 
• The high court upheld the family court’s order of October 2021 and dismissed the wife’s appeal.

Marriage, quarrel, divorce

The marriage of the couple was solemnised in May 2008 as per the customs and usages prevailing in the Kodava Community. 

It was placed on record that from the wedlock, they begotten a male child. The man has been working as a soldier in the Indian Army for the past several years. 

After the marriage, it was claimed that the wife used to leave her matrimonial house time and again without assigning any reason, and that too without informing her husband or obtaining his permission to leave the house. 

It was further added that the wife hardly used to stay at her matrimonial house. After the birth of the male child in March 2009, it is stated that the wife started quarrelling with the husband for silly reasons without any cause, and she used to suspect the petitioner’s character and was not cooperative.

It was alleged that the wife never respected the husband and talked with him, but used to belittle him in the eyes of the general public, relatives, well-wishers and friends. 

It was alleged that the wife had complained about the matter regarding her matrimonial life, that she was not on good terms with her husband and used to move false and frivolous applications and petitions, which would adversely affect his status in the military. 

It was alleged that the wife had moved an application to the Mahila Santhwana Kendra, Madikeri. Constant letter writing by the wife to the military officials, time and again, misguiding them as to his behaviour, caused depression, mental agony, torture and stress to the husband. 

It was alleged that the wife had taken all her belongings, such as clothing, jewellery, utensils, and gift items with her. Subsequently, the husband filed a petition seeking divorce on the grounds of cruelty at the hands of the wife. 

The family court, in its October 2021 order, allowed the petition filed by the husband seeking dissolution of the marriage. Aggrieved by the said judgment and decree, the wife has preferred the present appeal. 

Arguments 

Representing the wife, advocate Karumbaiah T A contended that although the wife, after the birth of the child, was living at his workplace, it was the husband who was harassing her, demanding dowry and torturing her.

He added that these acts of the husband had forced her to go to her parental house, but the family court failed to appreciate this aspect. 

It was further added that the wife intended to live a happy marital life with the husband, and that’s why she approached Mahila Santwana Kendra. 

Appearing for the Army man, advocate Anushree Menon submitted that the family court has rightly appreciated the materials placed on record and the evidence adduced, both oral and documentary and has rightly granted the decree of divorce. 

Menon added that as such, no interference warrants at the hands of this court.