The Karnataka High Court has set aside a civil court’s order awarding compensation of Rs 4 lakh to a woman in a separated relationship and ruled that the couple’s marriage will be dissolved due to the wife’s conversion to a other religion, although no divorce has been formalized.
In an order dated November 13, 2015, the civil court ordered a 47-year-old man from Bengaluru to pay Rs 4 lakh as compensation to his estranged wife (35), who filed for divorce on grounds of domestic violence. The court then partially allowed an appeal filed by the woman, also a resident of Bengaluru, against the rejection of her divorce petition filed under Section 22 of the Domestic Violence Act.
Justice Rajendra Badamikar delivered his judgment in October, but it was only recently published on the High Court’s website. “It is clear from the record that both courts concluded concurrently that there was no domestic violence committed against the wife. This conclusion is not disputed by the wife. Moreover, it is true that the wife has converted to Christianity and when she converts to Christianity, all the rights vested in her are nullified,” the judge ruled while allowing the appeal filed by the husband against the compensation order.
“Although there is no divorce between the parties, in view of the wife’s conversion to Christianity, it would reveal that the marriage is dissolved. Furthermore, there is no specific declaration issued in this regard by any competent court. However, it is an admitted fact that the wife converted to Christianity,” the court ruled.
Most read
The High Court said that under section 22 of the Protection of Women from Domestic Violence Act 2005, compensation can be awarded where domestic violence is established. “But it is true that in the present case, the two courts ruled concurrently that domestic violence was not established and that in fact, the wife converted to Christianity and it is the opposite which is the case. produced,” the court said while observing that the lower court ordered the compensation “solely on the ground that the marriage subsists and she is unable to support herself.”
“But under section 22 (of the) Protection of Women from Domestic Violence Act 2005, compensation can only be awarded if domestic violence is proven and in fact, in the present case, after s “Being converted to Christianity, the revision petitioner/wife has lost all the rights conferred upon her,” the High Court ruled.
“In these circumstances, the Appellate Court erred in awarding compensation and the compensation awarded this amount of Rs 4,00,000/- which resulted in miscarriage of justice,” the court said.
