The Orissa High Court upheld a divorce granted to a husband who faced repeated humiliation from his wife over his physical disability. The court concluded that such comments constituted mental cruelty under the Hindu Marriage Act.
Brief Facts of the Case
- The couple got married on 1st June 2016.
- The husband, who is physically disabled, alleged that his wife repeatedly mocked him using derogatory terms like “Kempa” and “Nikhatu”.
- The wife left the matrimonial home on 15th September 2016, returned briefly in January 2017, and finally left permanently on 25th March 2018.
- She subsequently filed a criminal case under Section 498A IPC against the husband and his family.
- The husband filed for divorce in April 2019.
Legal Provisions Involved in the Case
- Section 13(1)(i-a) of the Hindu Marriage Act, 1955 – Cruelty as a ground for divorce.
- Section 498-A IPC – Allegations made by the wife post-separation.
- Sections 25 & 27 of the Hindu Marriage Act – Pertaining to permanent alimony and Streedhan (left open by the Court).
Arguments of Petitioner and Respondent
Husband’s Case:
- Claimed repeated mental cruelty by the wife through ridicule and humiliation of his physical disability.
- Presented testimony from himself (PW-1) and another witness (PW-2) to substantiate his claims.
- Argued that the marriage had broken down irretrievably due to such cruelty.
Wife’s Case:
- Denied cruelty allegations.
- Claimed that she was compelled to leave the matrimonial home due to the husband’s conduct.
- Did not present any witnesses or evidence from her side, although she cross-examined the husband’s witnesses.
Court’s Observation
- The High Court noted that the wife’s derogatory remarks regarding the husband’s physical condition were not rebutted.
- The conduct amounted to mental cruelty, as outlined in key Supreme Court rulings (V. Bhagat vs. D. Bhagat and Samar Ghosh vs. Jaya Ghosh).
- Emphasized that spouses are expected to support each other, particularly when one faces physical challenges.
- Found the behavior of the wife incompatible with a respectful marital relationship.
- Affirmed that the cruelty suffered by the husband justified granting a divorce under Section 13(1)(i-a).
Conclusion of the Judgment
- Divorce granted by the Family Court was upheld.
- The wife’s request for alimony and return of Streedhan was left open for future determination under appropriate legal provisions.
- No permanent alimony was ordered due to lack of financial evidence from either side.
Comments from the author of this website
As someone who works closely with cases like this, I find it deeply concerning how society tends to overlook a man’s emotional suffering. When I read through this case, I couldn’t help but think—how often do we hear people dismissing a man’s pain with comments like “just move on” or “be strong”? But what about the repeated humiliation he faced, just for having a physical disability?
If a woman was called names for something she couldn’t control, we’d rightly call it cruelty. Why is it any different when it happens to a man? Mocking someone’s disability is not just a casual remark—it chips away at their self-worth. And when this happens within a marriage, it becomes unbearable.
What bothered me more is the way criminal laws were used as leverage, even when no substantial evidence was brought by the wife. Still, he had to go through the stress of litigation. It’s a pattern I’ve seen far too many times—where emotional abuse by men is sidelined, and legal systems unintentionally enable one-sided narratives.
Final Thoughts
This case is not about taking sides—it’s about acknowledging the full picture of matrimonial conflict. The High Court’s decision, rooted in legal reasoning and supported by precedent, reinforces a broader principle: cruelty isn’t gendered, and emotional abuse can happen to anyone.
We must start recognizing that men, too, deserve dignity, respect, and fair treatment—inside the courtroom and outside of it. Only then can we hope to achieve genuine equality in how we approach marital disputes.
Read Complete Judgement Here