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Man Wins Divorce Case with Wife’s Sex DVD: Karnataka High Court Ruling

Summary of the Case

In a notable case from November 2019, the Karnataka High Court upheld a family court’s decision to grant a divorce based on video evidence. The case involved a man from Ballari, who submitted a DVD recording of his wife engaging in sexual acts with another man as proof of adultery.

The couple had married on July 7, 1991, and had two daughters. Between June 4 and June 9, 2008, the man, while away in Bengaluru, used a digital video recorder (DVR) to capture events in their bedroom. The footage revealed his wife having an affair with one of her friends.

Family Court Proceedings

The husband sought a divorce from the Ballari family court, citing adultery and cruelty. While the court rejected the cruelty claim, it accepted the video evidence and granted the divorce based on adultery.

Wife’s Appeal to High Court

The wife challenged the divorce ruling on July 30, 2013, arguing that her husband had a history of making explicit films and forcing her to participate. She requested the court to overturn the divorce decree. However, a division bench comprising Justices Alok Aradhe and P.G.M. Patil found her claims unsubstantiated, as she did not dispute the video’s authenticity or raise objections about her husband’s alleged misconduct during earlier proceedings.

High Court Ruling

The court emphasized that the presence of the alleged adulterer in divorce cases is not mandatory under the Hindu Marriage (Karnataka) Rules, 1956. The judges noted that the couple’s daughter testified that she and her sibling stayed with their mother during the relevant period, confirming that their father was not present in Ballari at the time.

The High Court upheld the family court’s decision, validating the use of video evidence and reinforcing the decree of divorce.

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