Woman calls husband ‘mota haathi’, Delhi HC upholds grant of divorce
New Delhi: Calling your overweight husband words like ‘haathi’ and ‘mota haathi’ can land your relationship in trouble as these words are “destructive of the matrimonial bonds,” the Delhi high court said on Saturday.
The observations came during a woman’s challenge to a Family Court order in 2012 that granted her husband divorce on grounds that he was subjected to unkindness by his wife for being overweight and his alleged failure to satisfy her sexual needs.
“The calling of names and hurling of abuses such as ‘Haathi’, ‘Mota Haathi’ and ‘Mota Elephant’ by the appellant (woman) in respect of her husband – even if he was overweight, is bound to strike at his self respect and self esteem,” Justice Vipin Sanghi was quoted as saying by Hindustan Times.
The woman, in her plea to the High Court, held that the Family Court had relied on “vague and non-specific” allegations while granting the divorce. She argued that her husband had failed to give specific instances of alleged cruelty with dates, time and particulars.
However, the HC rejected these arguments and upheld the divorce saying it wasn’t expected of a married couple to maintain a log book of the matrimonial offences.
“When two parties are in a marital relationship, neither is expected to maintain a logbook and note down therein each and every instance of matrimonial offence committed by the other,” the court said.
The court, in the course of the hearing, also took note of the man’s complaint that his wife woman not only slapped him but also asked him to leave the house.
The man also told the court that his wife had tried to immolate herself with kerosene oil in order to implicate him and his family in a dowry case.
“Such events are clearly destructive of the matrimonial bond and would naturally give rise to a bonafide and genuine belief and apprehension in the mind of the respondent (husband) that it is not safe for him to peacefully and mentally continue the relationship…” the High Court said.
The woman allegedly tried to injure her husband by hitting his private parts when he wanted to have intercourse with his wife.
“Each of this… incidents are grave and weighty matrimonial offences/misconducts by the appellant (woman), which cannot be described as events relating to normal wear and tear of a marriage,” the judge said.