Husband’s Kali Kaluti slur against wife prompts Punjab and Haryana HC to allow divorce plea [Read Judgment]

Spouses take note to choose words carefully when referring to each other. A husband’s use of the offensive slur “kali kaluti” (aimed to insult skin colour) when referring to his wife was recently factored in by the Punjab and Haryana High Court, while allowing the wife’s plea for divorce on the ground of cruelty..This was in addition to other allegations that the husband had taunted her inability to cook, that his family had demanded dowry, and further that they threatened to solemnise the second marriage of the husband..The wife had contended that in these circumstances, she was forced to leave her matrimonial home and reside with her parents..While this was the case, the lower court dismissed her petition for divorce. The lower court based its verdict, inter alia, on grounds that the wife and her family had not made any effort at reconciliation, that no complaint was filed to higher authorities regarding her husband’s behaviour, that the wife could not recollect the dates of quarrel, and that the allegation of having been called ‘Kali Kaluti’ was not proved..The High Court Bench of Justices MMS Bedi and Gurvinder Singh Gill, however, set aside the dismissal, holding that the lower court erred in failing to appreciate that the wife had been compelled to stay away from the house of her husband, owing to the noted acts of cruelty..Contrary to the lower court’s stance, the High Court accepted that the alleged acts of cruelty were sufficiently proved taking into account the wife’s affidavit and the supporting testimony by her parents as witnesses. In its order, the High Court remarks,.“When a female has been compelled to leave her matrimonial home to stay with her parents, a legal obligation/appreciation of evidence arises to find out the circumstances under which she is compelled to leave the matrimonial home. .In the present case, the acts of cruelty have been established by PW2 and PW3 who are father and mother, respectively, of the appellant. The evidence has not been appreciated in true perspective to see the physical and mental cruelty which has been asserted by the appellant in her petition.”.While an application had been moved for mutual divorce by the couple during the pendency of the petition, the High Court noted that the husband had failed to respond on the earmarked dates before the Mediation authority..Thus, the High Court ruled in favour of the appellant-wife to grant a decree of divorce for cruelty. It held,.“In view of the above circumstances, we are of the opinion that the appellant wife has been able to establish that she was maltreated and treated shabbily as a result of which she was compelled to stay way from the matrimonial home. .The stand of the appellant stands corroborated by her parents who appeared as PW2 and PW3. The evidence produced on the record is held to be good enough to arrive at a conclusion that the appellant was treated with mental and physical cruelty….The marriage of the appellant – applicant wife with respondent is dissolved by a decree of divorce.”.Advocate JP Sharma appeared for the appellant-wife in the case..Read Judgment below: