The Punjab and Haryana High Court has ruled that if a wife calls her husband ‘Hijda’ (transgender), it amounts to mental cruelty, which is a valid reason for divorce.
The decision came while hearing an appeal by a wife who was challenging a family court’s decision to grant her husband a divorce on July 12.
The husband’s mother testified in court that the wife often insulted her son by calling him Hijda and even said that she had given birth to a transgender child.
The Court said:
“Calling the husband Hijda and insulting his mother is clear cruelty. The Family Court was right in granting the divorce.”
The couple got married in December 2017. According to the husband’s divorce petition, the wife had a pattern of cruel behavior. He said:
- She stayed up late at night and asked his sick mother to bring her food upstairs.
- She was addicted to porn and mobile games.
- She used to taunt him and say he was not good enough in bed.
- She told him to time their intimate moments and expected it to last 10–15 minutes, three times a night.
- She even said she wanted to marry someone else.
In her defense, the wife denied all the claims. She said her in-laws gave her intoxicating substances to control her and put a Tabiz (amulet) from a Tantrik around her neck.
The wife argued that the family court wrongly believed the husband and his mother and that her own allegations were not considered properly.
However, the High Court said her claims were not supported by strong evidence. She didn’t bring her parents or close relatives to testify for her. Also, her domestic violence complaint was already dismissed by the trial court and not overturned by any higher court.
The Court noted that the couple had been living apart for six years, and there was no hope of reconciliation.
In its final decision, the High Court said:
“This marriage is beyond repair and has become dead wood. The divorce granted by the family court is correct.”
The wife’s appeal was dismissed, and the divorce was upheld.
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