The Karnataka High Court in its recent judgement has granted divorce to a woman who accused her husband of using her as a ‘cash cow and ATM”.
Earlier, the lower court had refused granting divorce to the woman.
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Case:
As per a report by the IANS, the couple got married in 1991 and had a daughter in 2001. The husband was a businessman who was struggling to repay loans. This led to frequent quarrels between the couple.
The petitioner’s wife had joined a bank to take care of herself and child.
From 2008, the wife gave money to her husband and he spent it without repaying loans. He is alleged to have been emotionally blackmailing the petitioner to extract money. She later realised that her money was being misused and her husband was not working even after receiving Rs 60 lakh.
The petitioner`s wife supported husband to open a salon in Dubai. However, he allegedly did not show any interest and returned to India after causing losses. The wife then filed a divorce petition with the family court.
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Family Court
The family court had rejected wife’s petition, observing that there was no cruelty involved in the case.
Karnataka High Court
The division bench headed by Justice Alok Aradhe and Justice J.M. Khazi overruled the family court’s order by observing,
Using a wife without any emotional attachment as “a cash cow and ATM” amounts to mental harassment.
The bench stated that the husband had taken Rs 60 lakh from the wife on the pretext of carrying out business. The Bench remarked,
He had considered her as a cash cow. There is no emotional attachment to her and he has mechanical bonding. Due to the behaviour of the husband, the wife has suffered mental trauma.
https://voiceformenindia.com/alimony-in-india-2/
Adding further, the bench said,
The pain inflicted on the wife by husband in this case could be considered as mental harassment. The family court has failed to consider all these factors. Furthermore, the court has not done cross examination of the petitioner wife and recorded her statements.
Considering the arguments by the wife, divorce is being granted to her.
The bench also underlined that in cases of family dispute, the cruelty allegations must be verified on the merits of the case.
VFMI Take:
- Family is a union and exchange of money within spouses should not be looked upon as one using the other
- In the case above, wife claims to have sort of obliged her husband, by parting with her money
- On the other hand, the husband has not been able to become successful, thereby failing in multiple business ventures
- The court considers this as cruelty to wife
- Now, lets reverse the genders, if a man would have paid some money to the wife for starting a business, and the woman would have failed in continuing the same
- Would the court ever consider this situation as cruelty?
- Husbands provide and support wives financially for life in most of the cases, however, when this is not looked upon as some sort of favour of obligation, why should it be the same for reverse?
- If the husband is not becoming successful, why can’t a wife take the onus upon her to run the home?
- We live in the most hypocritical times, where on one side we harp about women empowerment, but on the other, husband is declared to be the sole provider for every home – if he is unable to do so, he is declared almost redundant
Using Wife Without Any Emotional Attachment As "Cash Cow & ATM" Amounts To Mental Harassment | Karnataka High Court Grants Divorce
▪️Will any Court term this situation as "Mental Cruelty to Husband" if Genders were reversed?#VoiceForMen #SpeakUpMen https://t.co/XnqWcrn123
— Voice For Men India (@voiceformenind) July 19, 2022
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