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Thursday 15 September, 2016, 11:44 pm

Wife calling husband ‘Mota Haathi' is enough reason for divorce: High Court

Calling your husband fat or ‘mota haathi’(fat elephant) or mocking him for being obese will not just shatter his confidence but also your marriage. That’s right! Delhi high court has ruled that calling your husband fat or making fun of his weight is a valid reason to seek divorce. "The calling of names and hurling of abuses such as 'Hathi' (elephant), 'Mota Hathi' (fat elephant) by the appellant in respect of her husband - even if he was overweight, is bound to strike at his self-respect and self-esteem."- Justice Vipin Sanghi said in his judgment while examining the divorce plea.

On March 22, the Delhi High Court in a martial dispute case upheld the divorce plea filed by a Delhi-based businessman in 2012 who alleged constant humiliation and torture from his wife. The man accused his wife of humiliating him for being overweight and for being incapable of satisfying her sexual needs. Other than these charges the husband also accused his wife of slapping him, hitting him in his private parts, blackmailing him with a fake dowry case, misbehaving with his family and also of forcing him to leave the house and misbehaving with his family. He also added that she left his house with all her belongings and threatened to return home only if he transferred all his property onto her name.

After several failed attempts and unsuccessful crash diet courses to get his weight on track, the tormented husband filed for divorce.
The court accepted his plea in 2012, stating that he was subjected to cruelty and torture by his wife. He was eventually granted divorce.

The woman however challenged the family court’s judgment. She slammed the decision and countered the accusations referring to them as ‘vague and non-specific”. She argued that her husband failed to give specific instances of alleged cruelty with dates, time and particulars. The court however dismissed her arguments on March 22 this year.

After hearing both the sides, the court observed: “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. When the allegation is that a party showed uncooperative attitude towards his/her spouse and family members; did not show respect to the other spouse and his family members; misbehaved and abused with the opposite party and his family members – in respect of such allegations, it may not be possible to plead a specific date, time or place of occurrence.”

The Justice ruled “Each of these aforesaid incidents is grave and weighty matrimonial offences/misconducts by the appellant, which cannot be described as events relating to normal wear and tear of a marriage,"
The couple has a 10-year-old son who stays with the mother.

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