'Calling husband 'Hijra' is mental cruelty', High Court admits that such words are considered a reason for divorce

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 division bench of Justice Sudhir Singh and Justice Jasjit Singh Bedi was hearing a woman's plea against a family court decision in July this year.

“If we analyze the findings recorded by the Family Court in the context of the judgments of the Supreme Court, it is clear that the acts and conduct of the appellant-wife amount to cruelty,” the bench said. The court also said that calling the husband a 'hijra' and telling the mother that she had given birth to a 'hijra' was a sign of mental cruelty.

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The order noted, “Considering the overall conduct of the wife and bearing in mind that the parties have been living separately for the last six years, the Court finds that their relationship has deteriorated beyond repair.” ” Both of them were married in December 2017.

The husband alleged in the divorce petition that the wife used to wake up late and ask her mother to send food upstairs. Further, he alleged that the wife was addicted to watching porn videos and used to taunt him. The wife denied these allegations and said that the husband could not present any evidence. The woman also accused her in-laws of giving her drugs, but could not prove it. The court also cited the testimony of the husband's mother, in which she said that the wife used to call the husband a 'hijra'.

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The court said, “It is our duty to maintain the marriage bond, but when the marriage becomes impractical, it is not appropriate to order cohabitation.” In the end, the bench upheld the decision of the family court and said that it was not illegal in any way.