The Family Court of Indore has dismissed a husband’s divorce petition claiming his wife hid a skin disease, vitiligo. Instead, the court found him guilty of cruelty and adultery, highlighting the falsity of his allegations.
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INDORE: In a landmark judgment, the Family Court of Indore dismissed a divorce petition filed by a husband who alleged that his wife had concealed a skin disease, vitiligo, at the time of their marriage. The court observed that the husband’s claims were unfounded and instead found him guilty of cruelty and adultery.
Case Background
The couple, a businessman running a mobile service center and a doctor, married in January 2011 at the Arya Samaj temple in Bhagirathpura, Indore, according to Hindu rites. The husband approached the Family Court seeking divorce on two grounds:
- Fraud: He alleged that his wife concealed the fact that she suffered from vitiligo (white patches on the skin).
- Mental Cruelty: He claimed her behavior towards him and his family constituted mental harassment.
In her defense, the wife denied all allegations and submitted that she was harassed by the husband and his family, who allegedly demanded a dowry of ₹10 lakhs. Despite being a qualified doctor, she was forced to perform household chores, including cleaning bathrooms. She further stated that her husband deserted her and their child in 2017 under the pretext of business expansion and was living in an extramarital relationship.
Arguments by the Parties
The husband’s counsel argued that the concealment of the medical condition amounted to fraud, making it impossible for the couple to live together.
The wife’s legal team, led by Advocates Krishna Kumar Kunhare and Dr. Rupali Rathore, countered that the husband was fully aware of her condition at the time of marriage. Wedding photographs were presented showing visible white patches on the wife’s hands, disproving the claim of concealment.
Additionally, the wife’s counsel provided evidence of the husband’s extramarital affair, including photographs and a tattoo bearing another woman’s name on his arm.
ALSO READ: Baseless Infidelity Allegations by Spouse is Cruelty: Delhi High Court Upheld Divorce
Court Findings
After examining all the evidence, the Family Court dismissed the husband’s petition. Key observations included:
- No Concealment of Disease: Wedding photographs conclusively proved that vitiligo was visible on the wife’s body at the time of marriage.
- Adultery Allegations: The husband refused to show his tattoo during cross-examination. The court drew an adverse inference, supporting the wife’s claim of his extramarital relationship.
- Cruelty and Dowry Harassment: The court noted that a criminal case against the husband and his family for cruelty and dowry harassment is already pending. Deserting his wife and child, demanding dowry, and engaging in adultery were deemed severe cruelty.
The Family Court ruled that the husband failed to prove that his wife had committed fraud or cruelty. Instead, the evidence established that he was the wrongdoer. Consequently, the court dismissed the divorce petition, affirming the wife’s rights and protecting her dignity.
Click Here to Read Previous Reports on Adultery
Click Here to Read More Reports On Mental Cruelty
