The Punjab and Haryana High Court recently ruled that a wife calling her husband a Hijda (transgender) constitutes mental cruelty. The court upheld a divorce decree in favor of the husband, stating that such derogatory remarks and abusive conduct amount to cruelty, ultimately dissolving the marriage due to irreparable breakdown.
Chandigarh: In a recent landmark judgment, the Punjab and Haryana High Court held that a wife calling her husband a Hijda (transgender) constitutes mental cruelty, affirming a divorce decree granted by a family court. The Division Bench, comprising Justice Sudhir Singh and Justice Jasjit Singh Bedi, upheld the earlier decision, stating that the wife’s actions caused significant distress to her husband.
The court was hearing an appeal filed by the wife challenging the family court’s decision to dissolve the marriage in favor of the husband. The case stemmed from the husband’s claims of verbal abuse, including being called a Hijda by his wife. His mother also testified, stating that her son was repeatedly humiliated by his wife with this derogatory term.
The court emphasized that calling a husband a Hijda and claiming that his mother gave birth to a transgender individual is an act of cruelty. As the Bench observed,
“If the findings recorded by the learned Family Court, are examined in the light of the judgments of the Hon’ble Supreme Court, it comes out that the acts and conduct of the appellant-wife amounts to cruelty.”
Marital Strain and Allegations of Cruelty
The couple, married in December 2017, had endured a strained relationship marked by severe allegations. The husband, in his divorce petition, outlined that his wife exhibited inappropriate behavior, including waking up late at night and asking his ailing mother to send her food from the ground floor to the first floor.
More controversially, the husband alleged that his wife was addicted to pornography and mobile games. He claimed that she made demands during their intimate moments, asking him to record the duration of sex and insisting that it must last for at least 10-15 minutes per session, with a frequency of thrice per night. She would taunt him, stating that he was not “physically fit” to meet her expectations. Additionally, the husband stated that his wife disclosed a desire to marry someone else.
Wife’s Defense and Counterclaims
In her defense, the wife denied all allegations and countered by claiming that she was thrown out of the matrimonial home by her husband. She also accused her in-laws of administering intoxicants to her, causing unconsciousness, during which they allegedly placed a Tabiz from a Tantrik around her neck. She further claimed that her in-laws gave her intoxicated water to manipulate and control her.
In the appeal, the wife argued that the family court had wrongfully relied on the testimonies of her husband and his mother to find her guilty of cruelty. She also contended that her allegations of intoxication were unjustly dismissed by the court as self-serving.
High Court’s Ruling: No Evidence of Domestic Violence
The Punjab and Haryana High Court noted that the wife had not substantiated her claims, as she failed to call any of her parents or close relatives as witnesses. Additionally, the court pointed out that the wife’s petition alleging domestic violence by the husband was dismissed by the trial court, and there was no evidence to suggest that this dismissal had been overturned on appeal or revision.
The court, while dismissing her appeal, remarked,
“Considering the overall acts and conduct of the appellant-wife and further considering that the parties had been living separately for the last six years, it was rightly found by the learned family court that the marriage between the parties has ruptured beyond repair and it has become a dead wood.”
No Possibility of Reconciliation
The High Court further stated that the couple had been living apart for six years, with no indication of reconciliation. Given the circumstances, the court upheld the family court’s decision to dissolve the marriage. “The parties have been living separately for the past six years and there is no possibility of reunion,” the Bench concluded.
Final Verdict: Divorce Decree Upheld
With these observations, the court dismissed the wife’s appeal and confirmed the divorce decree, bringing an end to the protracted legal battle. This case underscores the legal recognition of mental cruelty in marital relationships, particularly where derogatory remarks and abusive conduct are involved.
The ruling serves as a reminder that such acts of emotional abuse can have serious legal consequences, marking a significant stance by the Punjab and Haryana High Court in protecting the rights of individuals facing mental cruelty in marriage.
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