The High Court said in its decision that the actions and conduct of the appellant wife amount to cruelty.
Chandigarh: The Punjab and Haryana High Court has upheld a divorce judgment granted by a family court in favor of a man, saying calling a husband a ‘hijra’ amounts to mental cruelty. A bench of Justices Sudhir Singh and Jasjit Singh Bedi was hearing a woman’s plea against the divorce granted in favor of her husband by a family court in July this year. The bench said, ‘If the findings recorded by the Family Court are examined in the light of the decisions of the Supreme Court, it emerges that the acts and conduct of the appellant wife amount to cruelty.’
Both of them got married in December 2017.
The bench said, ‘Calling the respondent husband a eunuch and telling his mother that she has given birth to a eunuch is tantamount to mental cruelty. Considering all the acts and conduct of the Appellant Wife and also taking into consideration the fact that both the parties have been living separately for the last 6 years, the Court finds that the relationship between the parties has deteriorated beyond repair. Can go.’ Both of them were married in December 2017. The husband, who had filed for divorce, had claimed that his wife used to ‘wake up late’.
‘Wife is addicted to watching porn videos’
The husband had claimed that the wife used to ask his mother to send lunch to her room on the first floor and called his mother upstairs 4 to 5 times a day. The husband had claimed, ‘She did not care at all that her mother was suffering from arthritis. She is addicted to watching porn videos and used to taunt him for not being physically fit. She wanted to marry someone else.’ The woman denied the allegations, claiming that her husband could not produce any evidence to prove that she watched pornographic videos.
‘The family committed cruelty against the woman’
The woman also accused her in-laws of giving her drugs. The lawyer appearing on behalf of the woman argued that the Family Court did not take into account the fact that the husband and his family committed cruelty against the woman. In the order issued by the court, it has been said that the man’s mother said in her testimony that her son was called ‘Hijra’ by his wife. It said that on the other hand, the allegations of giving drugs to the wife and keeping her under the influence of a ‘tantrik’ could not be proved by the wife.
The decision of the family court remained intact
The bench said, ‘It is undoubtedly the responsibility of the court to maintain the marital bond as far as possible, but when the marriage becomes impractical and comes to an end completely, there is no point in ordering both the parties to live together. The purpose will not be accomplished. The court said in its order that thus we find that the decision given by the Family Court is not illegal or perverse in any way. (Language)
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