Calling Someone `Black` May Land You In Trouble; Check Karnataka High Court Order

The bench said that to hide this fact, the wife had alleged an illegal affair charge against him. It also underlined that this is undoubtedly considered as a cruelty and quashed the order of the lower court.

BENGALURU: While hearing a divorce case, the Karnataka High Court in a recent judgment has said that the racial remarks over black skin complexion amounts to 'cruelty'. The husband had filed an appeal petition in the court questioning the verdict of not granting him divorce by the family court. The sub-division bench said that the wife has constantly humiliated husband for his black complexion and harassed him as a person with black skin.

The bench said that to hide this fact, the wife had alleged an illegal affair charge against him. It also underlined that this is undoubtedly considered as cruelty and quashed the order of the lower court. The court also annulled the marriage and granted divorce for the husband. The couple had married in 2007 but the husband had approached the family court seeking divorce in 2012. The court had quashed the petition by the husband on January 13, 2017.

The petitioner claimed that after marriage his wife always taunted him as a black man and humiliated him. He somehow tolerated the slurs for the sake of his daughter. He had also claimed that his wife had lodged a complaint against his aged mother and family members in 2011. He was also subjected to torture in connection with the case and he had spent 10 days in police station and the court.

“The wife had moved to her parent's home and never returned. She had even complained to my employer. I suffered a lot and also was in depression,” the husband had claimed and pleaded that the court should grant divorce to him. The wife pleaded for quashing the petition and claimed that her husband had an affair and had a child out of the affair.

She also alleged that her husband used harsh words and did not allow her to go out and come home late. The wife had also lodged criminal complaints against her husband and his family members. However, the court said that the wife had made baseless allegations against the petitioner.

The bench also stated that the wife's claim that she is ready to live cordially with her husband while living without him for years and not taking the complaint back shows she has no interest to live with her husband. The court then granted the husband the divorce on the basis of cruelty.