The Punjab and Haryana High Court has reaffirmed that a wife calling her husband ‘Hijda’ amounts to cruelty only the man but also to her mother-in-law while granting divorce to the couple.
The observations were made by the Division Bench, presided over by Justice Sudhir Singh and Justice Jasjit Singh Bedi, while dismissing the appeal moved by the wife.
“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 wife had challenged the decision of the family court, which allowed the husband's divorce plea and dissolved the marriage by decree of divorce on the grounds of cruelty.
The couple got married in 2017. According to the husband's plea, the wife was addicted to porn and mobile games, and she used to ask the husband to record the duration of their sexual intercourse, adding that it must go on for at least 10-15 minutes at a time and that it must be at least thrice per night. He added that she would taunt him for not “being physically fit to compete with her” and that she wanted to marry someone else.
The husband claimed that his wife would stay up late at night and repeatedly asked his ailing mother to bring her food from the ground floor to the first floor.
However, the wife had denied all these allegations and claimed that she was thrown out by the husband. She claimed that her in-laws gave her intoxicating medicines due to which she fell unconscious, and that “during that state, they put a tabiz from a tantrik around her neck besides administering her intoxicating water so that they could have control over her.”
The court observed that the parties had been living separately for the last six years and there is no possibility of a reunion.
