In a recent ruling, the Punjab and Haryana High Court declared that a wife calling her husband “Hijda” (transgender) constitutes mental cruelty. The case involved an appeal by a wife against a divorce decree granted by a family court in favor of her husband.
A Division Bench, comprising Justice Sudhir Singh and Justice Jasjit Singh Bedi, heard the appeal. The family court had granted the divorce on July 12, after the husband’s mother testified that the wife used to call her son “Hijda,” a derogatory term for a transgender person.
The High Court agreed with the family court’s findings, stating that calling someone a “Hijda” is an act of cruelty. The bench emphasized that such behavior, along with derogatory remarks about the husband’s mother, amounted to mental abuse.
The couple married in December 2017, but the husband filed for divorce, citing multiple issues. He alleged that his wife had unusual habits, such as waking up late at night and demanding his sick mother to send her food upstairs. The husband also claimed that his wife was addicted to pornography and mobile games.
He further stated that his wife pressured him to record the duration of their intimate moments, insisting that it should last for at least 10-15 minutes each time, and occur three times every night. She would mock him for not being physically strong enough to meet her demands, even confessing that she preferred to marry someone else.
In response, the wife denied all accusations and claimed that her husband and in-laws threw her out of their home. She also accused them of giving her intoxicants and performing rituals to control her behavior.
During the appeal, the wife argued that the family court wrongly trusted the testimonies of her husband and mother-in-law. She insisted that her claim of being drugged was dismissed without proper consideration. However, the High Court found no substantial evidence to support her claims, noting that she didn’t present any testimony from her parents or close relatives.
The Court also observed that her domestic violence case against her husband was dismissed, and no higher court had overturned that decision. After considering the ongoing separation of six years between the couple, the High Court upheld the family court’s decision, stating that the marriage was irreparably broken.
The High Court confirmed the divorce decree, dismissing the wife’s appeal and concluding that there was no chance of reconciliation.
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