The Punjab and Haryana High Court has ruled that a wife calling her husband “Hijda” (transgender) amounts to mental cruelty under matrimonial law.
A Division Bench of Justice Sudhir Singh and Justice Jasjit Singh Bedi delivered the ruling while hearing a wife’s appeal against a divorce decree granted by a family court on July 12 in favour of her husband.
The husband’s mother testified that her daughter-in-law repeatedly insulted her son by calling him Hijda. The High Court noted:
“Terming the husband as Hijda and calling his mother to have given birth to a transgender is an act of cruelty.”
Case Background
- The couple married in December 2017.
- The husband alleged that his wife was disrespectful, forced his ailing mother to serve her, and was addicted to pornography and mobile games.
- He also claimed she taunted him about his physical fitness, demanded long and frequent sexual intercourse, and admitted she wanted to marry someone else.
- The wife denied the allegations and accused her in-laws of giving her intoxicants and using tantrik rituals to control her.
The family court had dissolved the marriage, holding that the wife’s conduct amounted to cruelty.
Court’s Findings
The High Court dismissed the wife’s appeal, observing:
- Her allegations of intoxication were unsubstantiated, as she failed to bring any supporting witnesses.
- Her complaint of domestic violence against the husband had already been dismissed.
- The couple had been living separately for six years, making reconciliation impossible.
The Bench concluded that the marriage had irretrievably broken down and was beyond repair. It upheld the family court’s order dissolving the marriage.
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