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The Punjab and Haryana High Court recently made a significant ruling in a divorce case, stating that referring to a husband as “hijra” (transgender) constitutes mental cruelty. This judgment was delivered by a bench comprising Justice Sudhir Singh and Justice Jasjit Singh Bedi while hearing an appeal from a woman challenging the Family Court’s decision to grant divorce in favor of her husband.
The husband’s mother testified in court that her daughter-in-law frequently called her son a “hijra.” The court’s remarks came at a time when matrimonial disputes are rapidly increasing in Indian courts.
The High Court ruled that if a wife calls her husband a “hijra” or transgender, it is an act of cruelty not only towards him but also towards his mother. The bench was reviewing the wife’s appeal against a divorce decree issued by the Family Court earlier this year, which favored her husband. The judges stated that the wife’s actions were indeed cruel.
According to reports from Bar and Bench, the High Court noted, “If we examine the findings recorded by the Family Court… it becomes apparent that the conduct and behavior of the appellant-wife amounts to cruelty. Calling the respondent-husband a hijra and stating that he was born to give birth to a transgender child is an act of cruelty.” The bench dismissed the petition filed by the woman from Haryana.
Moreover, even the domestic violence case filed by the wife was dismissed by the local court, which found no evidence of domestic violence against her. Considering the overall conduct of both parties and the fact that they had been living separately for six years, the Family Court concluded that their relationship had irreparably broken down and was now akin to “dead wood.”
Background of the Case
The wife challenged a Family Court order passed on July 12 in Mahendragarh, Haryana, which had granted divorce at the husband’s request. The couple married on December 2, 2017, but faced issues soon after. The husband argued that they lived on the first floor of their house while his parents resided on the ground floor. He mentioned that his wife would sleep in late and insisted that her sleep should not be disturbed under any circumstances.
The husband accused his wife of being addicted to watching porn videos, which led her to demand similar activities in their personal life. He further alleged that she taunted him for not being physically fit and expressed a desire to marry another man, claiming she was forced into the marriage. In 2017, she moved back to her parental home, and on March 18, 2018, her father and brother approached her husband, insisting she did not want to continue the marriage and asked him to agree to a divorce with a permanent alimony.
Despite attempts at reconciliation through a village council, the wife threatened to commit suicide and implicate the entire family in criminal charges instead of returning to her in-laws’ house. Citing her husband’s actions as mental cruelty, she filed the appeal. In her defense, the wife denied the allegations of cruelty and claimed that her husband had physically abused her and forced her out of her in-laws’ house. She accused her in-laws of subjecting her to sorcery and using drugs to control her.
Witness Testimony and Court Ruling
During the Family Court proceedings, the husband’s mother testified that her daughter-in-law referred to her son as a “hijra.” After considering the testimonies from both parties, the High Court dismissed the wife’s appeal, emphasizing that both parties had been living apart for six years.
The constitutional bench of the High Court stated, “In the absence of marital obligations and cohabitation for an extended period, there is no possibility of reconciliation. Undoubtedly, it is the court’s duty to preserve marital bonds as much as possible. However, when a marriage has become impractical and completely dead, ordering the parties to reconcile serves no purpose.”
This ruling underscores the significance of respectful communication within marriage and the potential legal consequences of verbal abuse, shedding light on broader societal issues surrounding mental cruelty in relationships.
