Recently, the Punjab and Haryana High Court held that a wife’s act of referring to her husband as “Hijda” amounts to mental cruelty. The Court upheld the divorce decree granted in favour of the husband by a family court, emphasizing that the wife’s conduct, including derogatory remarks and unfounded allegations, constituted sufficient grounds for mental cruelty.
The Couple married in December 2017 and found themselves in legal proceedings when the husband filed for divorce. He alleged that the wife often called him “Hijda” and made derogatory remarks about his mother. Additionally, he claimed she was late to bed, requested meals from his ailing mother and exhibited an addiction to pornography and mobile games. The husband further alleged that she demanded specific metrics regarding their sexual performance, including duration and frequency, and claimed she remarked that he was not physically fit to meet her expectations, additionally revealing her desire to marry someone else. Whereas, the wife denied these allegations and claimed she was evicted from their home. She also alleged that her in-laws administered intoxicating substances to control her, asserting that they placed a Tabiz (amulet) around her neck during her unconscious state.
In its observations, the High Court stated, “If the findings recorded by the learned Family Court are examined in light of the Supreme Court judgments, it emerges that the acts and conduct of the appellant-wife amount to cruelty”. The Court noted that the wife failed to substantiate her claims of intoxication by not presenting her parents or close relatives to support her allegations. Additionally, it highlighted that her allegations of domestic violence had previously been dismissed by the Trial Court without challenge in higher courts. Given the couple’s separation for Six years, the Court concluded that the marriage was irreparably damaged, affirming the family court’s decision to dissolve the marriage and dismissing the wife’s appeal.
Picture Source :
