A division bench of the High Court of Karnataka has ordered a 23-year-old woman to pay her ex-husband Rs 10,000 in compensation for filing a false case to get the man's second marriage cancelled.
The man, a 30-year-old from Puttur, was to be married on January 23 this year, but thanks to the affidavit filed by the ex-wife, the HC had ordered the Sagara Village police of Shimoga District on January 22 to "see that the woman's ex-husband's marriage is cancelled". When the case came up for hearing again on February 11, the tables were turned against the woman after the husband's advocate produced evidence proving the woman's fraud.
She filed false case The man then sought appropriate compensation from the woman for filing a false case against him and stalling his second marriage, causing mental torture to his family and his bride's family. "Believing the affidavit filed by the woman, we even went to the extent of directing the Sagara police to ensure the marriage was cancelled," noted a division bench of Justices K L Manjunath and Ravi Malimath in their order. "As contended by the respondent (ex-husband), not only his family, but also the family of his wife-to-be has been subject to mental torture and their reputation in the eye of public is tarnished."
In their 21-page judgment, the judges further stated, "We are of the view that the husband has to be compensated by the woman on account of obtaining an order of injunction through fraud and suppressing facts. This is nothing but abuse of the process of the court." The judges, while granting the man Rs 10,000 as compensation towards mental cruelty and torture, noted, "Though the ex-husband is entitled for adequate compensation, since the marriage between the parties is dissolved and that on account of the conduct of the woman, her parents shall not be over-burdened, we only award the nominal compensation to him."
'Unaware' of divorce plea The woman had moved the HC last month seeking cancellation of a decree of divorce granted by a civil court in Puttur. She alleged that she resided with her parents in Sagara and was unaware of the divorce petition filed by her husband, a native of Puttur. She also contended that the lower court granted the decree ex-parte.
The man, on the other hand contended that the marriage between them was never consummated due to non-cooperation from the wife. He also told the court that when she refused to stay with him, the marriage was first dissolved by the village panchayat. He then filed a petition in civil court seeking divorce, which was granted in September 2013.
The court, while going through the evidence produced by the man's advocate found that the woman had been aware of the divorce proceedings and had refused to settle the matter amicably. The HC also noted that she had sought a monthly maintenance from the man during the divorce proceedings.
Observing that not allowing husband to consummate the marriage is mental cruelty, the HC also upheld the divorce granted by the local court. The woman has now been directed to pay the compensation in four weeks.
The man, a 30-year-old from Puttur, was to be married on January 23 this year, but thanks to the affidavit filed by the ex-wife, the HC had ordered the Sagara Village police of Shimoga District on January 22 to "see that the woman's ex-husband's marriage is cancelled". When the case came up for hearing again on February 11, the tables were turned against the woman after the husband's advocate produced evidence proving the woman's fraud.
She filed false case The man then sought appropriate compensation from the woman for filing a false case against him and stalling his second marriage, causing mental torture to his family and his bride's family. "Believing the affidavit filed by the woman, we even went to the extent of directing the Sagara police to ensure the marriage was cancelled," noted a division bench of Justices K L Manjunath and Ravi Malimath in their order. "As contended by the respondent (ex-husband), not only his family, but also the family of his wife-to-be has been subject to mental torture and their reputation in the eye of public is tarnished."
In their 21-page judgment, the judges further stated, "We are of the view that the husband has to be compensated by the woman on account of obtaining an order of injunction through fraud and suppressing facts. This is nothing but abuse of the process of the court." The judges, while granting the man Rs 10,000 as compensation towards mental cruelty and torture, noted, "Though the ex-husband is entitled for adequate compensation, since the marriage between the parties is dissolved and that on account of the conduct of the woman, her parents shall not be over-burdened, we only award the nominal compensation to him."
'Unaware' of divorce plea The woman had moved the HC last month seeking cancellation of a decree of divorce granted by a civil court in Puttur. She alleged that she resided with her parents in Sagara and was unaware of the divorce petition filed by her husband, a native of Puttur. She also contended that the lower court granted the decree ex-parte.
The man, on the other hand contended that the marriage between them was never consummated due to non-cooperation from the wife. He also told the court that when she refused to stay with him, the marriage was first dissolved by the village panchayat. He then filed a petition in civil court seeking divorce, which was granted in September 2013.
The court, while going through the evidence produced by the man's advocate found that the woman had been aware of the divorce proceedings and had refused to settle the matter amicably. The HC also noted that she had sought a monthly maintenance from the man during the divorce proceedings.
Observing that not allowing husband to consummate the marriage is mental cruelty, the HC also upheld the divorce granted by the local court. The woman has now been directed to pay the compensation in four weeks.
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