86% Disabled Husband Harassed and Humiliated By Ex-Wife And Relatives? Delhi High Court Orders Fresh Examination Of His Disability Harassment Plea
Curated by NEWS DESK
Editorial DeskNEW DELHI: The Delhi High Court has set aside the dismissal of a complaint filed by a man with 86% locomotor disability against his former wife and her relatives over allegations of disability-based humiliation, insults and harassment.
Justice Prateek Jalan, in his judgment dated October 13, 2026, observed that the Special Court had failed to properly examine the disabled husband's allegations of continuous harassment and abuse under the Rights of Persons with Disabilities Act, 2016.
The husband alleged that his ex-wife and her relatives repeatedly insulted and humiliated him because of his physical disability. He sought legal action under Section 92 of the RPwD Act, which punishes certain offences against disabled persons, including intentional insults or intimidation intended to humiliate them in a place within public view.
However, the Special Court dismissed the husband's complaint at the initial stage, mainly considering older incidents while failing to properly examine his allegations of continued harassment.
Challenging the dismissal, the disabled husband approached the Delhi High Court, arguing that the lower court had failed to consider his complete complaint and the allegations against his former wife and her relatives.
The Delhi High Court found the dismissal "perfunctory and unjustifiable", observing that the Special Court had overlooked important allegations concerning the alleged continuing abuse.
The Court emphasised that allegations of disability-based harassment require proper judicial examination and cannot be rejected without considering the complete facts and circumstances.
Ultimately, the Delhi High Court set aside the Special Court's dismissal order and directed fresh consideration of the husband's complaint. However, the Court did not find the ex-wife or her relatives guilty, and the allegations remain subject to examination under the law.
EXPLANATORY TALE OF LAWS AND SECTIONS
| Law / Section | What It Means | Application in This Case |
|---|---|---|
| Section 92, RPwD Act, 2016 | Punishes specified offences against persons with disabilities, including intentional humiliation in public view. | Main provision invoked by the disabled husband. |
| Section 84, RPwD Act | Provides for designated Special Courts to try offences under the Act. | Relevant to the court hearing the complaint. |
| Sections 438 and 442, BNSS | Concern criminal revision and the High Court's revisional powers. | Relevant to challenging the dismissal order. |
| Sections 397 and 401, CrPC | Earlier provisions governing criminal revision. | Relevant as the predecessors of the corresponding BNSS provisions. |
CASE DETAILS
| Particular | Details |
|---|---|
| Case Title | Vikas Gupta v. Ranjana Agarwal |
| Court | Delhi High Court |
| Bench | Justice Prateek Jalan |
| Judgment Date | October 13, 2026 |
| Case Number | CRL.REV.P. 17/2026 |
| Result | Revision allowed; dismissal order set aside; complaint remanded for fresh consideration |
KEY TAKEAWAYS
- Disabled Husband Denied Proper Hearing: A man with an 86% disability had his harassment complaint dismissed without proper examination of his allegations.
- Ex-Wife Accused of Disability-Based Abuse: The husband alleged that his ex-wife and her relatives repeatedly humiliated and harassed him over his disability.
- Delhi High Court Corrects Judicial Failure: The Court called the dismissal "perfunctory and unjustifiable" and ordered fresh consideration.
- Men Are Victims Too: A husband can also face humiliation, mental harassment and abuse in marriage. His complaints deserve equal judicial attention.
- Justice Cannot Depend on Gender: A disabled man's allegations deserve the same legal protection and serious examination as anyone else's. Being a husband must never mean being denied justice.
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