The Punjab and Haryana High Court recently ruled that a wife calling her husband Hijda (transgender) amounts to mental cruelty.
The Division Bench of Justice Sudhir Singh and Justice Jasjit Singh Bedi was hearing a wife’s appeal against the divorce decree granted in favour of her husband by a family court on July 12.
The husband’s mother had deposed that his wife would call her son a Hijda.
“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. Firstly, terming the respondent-husband as Hijda (transgender) and calling his mother to have given birth to a transgender, is an act of cruelty,” the Bench said.
The couple had married in December 2017. The husband in the divorce plea had alleged that his wife used to wake up late at night and also ask his ailing mother to send her lunch on the first floor from the ground floor.
“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,” the Court further said.
It was also alleged that she was addicted to porn and mobile games. In particular, the husband alleged that the wife used to ask him to record the duration of sex and would also state that it “must go on for at least 10-15 minutes at a time and that it must be at least thrice per night”.
She used to taunt him for not “being physically fit to compete with her” and had disclosed that she wanted to marry someone else, the plea said.
The Court also said the parties have been living separately for the past six years and there is no possibility of reunion.
Accordingly, it upheld the family court's decision to dissolve the marriage and dismissed the wife’s appeal.
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