BENGALURU
The Karnataka High Court has set aside a divorce order granted by a family court in favour of a husband, observing that serious allegations of mental cruelty linked to HIV infection cannot be accepted without supporting evidence.
A Kalaburagi bench comprising Justice Suraj Govindaraj and Justice Dr Chillakur Sumalatha passed the order while allowing an appeal filed by the wife, who had challenged the divorce decree issued by the Bidar Family Court.
The husband had sought divorce on the grounds that his wife and her family allegedly taunted and mentally harassed him for being HIV positive. The family court had accepted his claims and granted the divorce.
However, the High Court found that the allegations were not backed by any documentary proof. It noted that while such accusations, if proven, could amount to mental cruelty, they cannot be presumed without credible evidence.
“Such serious allegations require substantiation. In the absence of documentary material, the findings of the family court cannot be sustained,” the bench observed, adding that the lower court erred in relying solely on the husband’s statements.
The High Court also pointed out that the family court had overlooked the wife’s contention that there was no record to support the claims made against her. It has now remanded the matter back to the trial court for fresh consideration in accordance with law.
During the hearing, the wife’s counsel argued that she had been living with her parents due to alleged misconduct by the husband, including claims of an extramarital relationship.
The couple, married in 2002, have two children. The wife works as a principal in a private school, while the husband is employed as a statistical inspector.
The ruling underscores the judiciary’s emphasis on evidence-based adjudication, particularly in sensitive matrimonial disputes involving serious personal allegations.
