Chandīgarh: The Punjab and Haryana High Court upheld a divorce decree granted by a family court in favor of a man, saying that calling her husband ‘hijra’ amounts to mental cruelty. A bench comprising 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 court said, “If the findings recorded by the Family Court are examined in the light of the decisions of the Supreme Court, it appears that the acts and conduct of the appellant wife amount to cruelty.”
The two got married in December 2017.
The court said: “Calling the defendant husband a eunuch and telling his mother that she has given birth to a eunuch amounts to mental cruelty.” Considering all the acts and conduct of the Appellant Wife and also taking into account the fact that both the parties have been living separately for the last 6 years, the Court concludes that the relationship between the parties has deteriorated irreparably. The two married in December 2017. The husband, who had filed for divorce, claimed that his wife “woke up late.”
‘The wife is addicted to watching porn videos’
The husband had claimed that the wife used to ask her mother to send lunch to her room on the first floor and called her mother upstairs 4 to 5 times a day. The husband had stated: ‘She didn’t care at all that her mother suffered from arthritis. She is addicted to watching porn videos and used to tease him for not being in good physical shape. She wanted to marry someone else. The woman denied the accusations and stated that her husband could not present 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 for 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, the man’s mother is said to have said in her testimony that his wife called their son ‘Hijra’. He said that, on the other hand, the allegations of giving drugs to the wife and keeping her under the influence of a “tantric” could not be proven by the wife.
The family court decision remained intact
The court said: “It is undoubtedly the responsibility of the court to maintain the marriage bond as far as possible, but when the marriage ceases to be practical and comes to an end altogether, there is no point in ordering both parties to live together.” . purpose will not be achieved. The court said in its order that, therefore, we consider that the decision passed by the Family Court is neither illegal nor perverse in any manner. (Language)
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