The Punjab and Haryana High Court recently ruled that a wife calling her husband “Hijda” (a derogatory term for transgender) amounts to mental cruelty, justifying grounds for divorce. The court was hearing an appeal by the wife, challenging the divorce decree granted by a family court on July 12.
A division bench of Justice Sudhir Singh and Justice Jasjit Singh Bedi upheld the family court’s decision, stating that the wife’s use of such language caused significant mental suffering to the husband and his mother.
The husband’s mother testified that her daughter-in-law would call her son a “Hijda,” which the court found to be an act of cruelty. The court concluded that calling the husband and his mother such names was deeply offensive and damaging to their dignity.
The couple had married in December 2017, but the relationship deteriorated. In his divorce petition, the husband alleged that his wife would wake up late at night and make unreasonable demands of his elderly, ailing mother. He also claimed she was addicted to pornography and mobile games. Furthermore, the wife allegedly insisted on recording the duration of their sexual encounters and taunted him for not being able to “compete” with her physically.
In response, the wife denied all allegations and claimed she was thrown out of her matrimonial home. She further alleged that her in-laws had drugged her and placed a talisman on her neck from a Tantrik (spiritual healer) to control her.
The wife also argued that the family court wrongly relied on the testimonies of her husband and his mother. However, the High Court dismissed her appeal, stating that her claims were not supported by evidence, as she failed to provide testimony from her parents or close relatives.
The court also noted that the wife’s domestic violence case against her husband had been dismissed by a lower court, and there was no indication that this decision had been overturned in higher courts.
Given the evidence and the fact that the couple had been living apart for six years, the High Court ruled that the marriage was irreparable and “had become dead wood.” The court upheld the family court’s decision to dissolve the marriage and rejected the wife’s appeal.
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