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“Most inhumane”: HC overturns lower court order refusing to accept handicapped taunts by wife as ground for divorce

Due to his failure to specify the precise time and location of the alleged shoving or taunting by the wife, the family court declined to accept his arguments. In HC, his wife refuted claims that she had mistreated and/or humiliated him. The Punjab and Haryana High Court overturned the lower court decision and dissolved the marriage.

Mirror Now Digital

Updated Sep 18, 2022, 17:06 IST

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Chandigarh: The Punjab and Haryana High Court dissolved a marriage, putting an end to a nearly two-decade-old dispute of a polio patient who had sought divorce on the grounds of mental and physical cruelty by wife, The Indian Express.

The Punjab and Haryana High Court held that taunting a person for their handicap constitutes the most inhumane kind of cruelty that could be meted out to any disabled person.

“Taunting a person for his handicap and pushing him around to throw him on the ground when he is helpless and unable to defend himself, constitutes the most inhumane kind of cruelty which can be meted out to any disabled person,” a division bench said when overturning a decision made by a family court in Hoshiarpur that denied the man's request for a divorce on the grounds of cruelty and desertion.

The husband informed the HC that polio had left him disabled since he was a little boy. He claimed that his wife began openly humiliating and making fun of him for his physical condition only 8 to 10 days after they got married.

She even did this in front of his family. He added that his parents told him to live separately and disinherited him from their property as a result of his wife's unruly behaviour.

The appellant also claimed that despite their separation, his wife's behaviour did not improve and that she continued to make fun of his virility, even grabbing hold of his crutches and violently throwing him to the ground.

He said that his wife had abandoned him without a good reason or justification and had been harsh to him. As a result, he had no choice but to submit the petition for divorce to a Hoshiarpur court.

His appeal against the family court's decision to deny him a divorce was being heard by the bench. A son was born to the couple in December 2004 at the woman's parents' home, where she had been living since September of that year. The pair had been married in March 2004.

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