Bengaluru: The Karnataka High Court has ordered the husband to pay Rs 50,000 as compensation to his wife for pretending that his wife was mentally ill. The husband had filed an application saying that his wife was mentally ill. The husband demanded that she should be directed for treatment by NIMHANS's psychiatrist in the city. The bench headed by Justice M Nagaprasanna dismissed the petition and ordered to give compensation.
"It is unfortunate that the husband gives the mental illness of the wife as the reason for divorce. He has also tried to portray his wife's mental status as only 11 years and 8 months (Like the mentality of only 11 years and 8 months child). Besides, the husband's argument that the wife has not developed mentally is not acceptable,'' the bench said. "Also, the original petition in the family court was filed alleging cruelty. But, the mental condition of the wife was not mentioned," said the bench.
"Also family courts can direct a person to treatment. But, it is not allowed to issue an order as soon as such an application is received,'' the High Court bench said. The couple, who were residents of Bengaluru city, got married in November 2020. Due to differences between the couple, the wife left her husband's home within three months of marriage. In addition, the wife lodged a complaint against her husband at the KP Agrahara Police Station in June 2022 on the allegation of dowry harassment. In the meantime, the husband filed an application for divorce in the family court alleging that he was being tortured by his wife.
In addition, on March 15, 2023, the husband filed an interim application in the family court requesting that the wife be directed to seek treatment from a psychiatrist at NIMHANS Hospital as her mental condition is not good. The court, which heard the petition, dismissed it after examining the documents about the mental capacity of the wife. Challenging this, the husband approached the High Court.
During the hearing, the lawyer for the petitioner (husband) argued, "There are records that the mental condition of the wife is not right. When the wife was treated as an outpatient at the Victoria Hospital, the doctor, who examined the wife, said that the mental status of the petitioner's wife was like only 11 years and 8 months old. Divorce can be granted for this reason." In response to this, the wife's advocate filed many documents, and said, ''My client is the singer. Besides, she is a teacher and has passed many technical exams," he explained to the court.
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