Whether calling husband as "Mota Hathi" amounts to mental cruelty to him entitling him to get divorce?
The calling of names and hurling of abuses such as 'Hathi', 'Mota Hathi' and 'Mota 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. Obviously, the respondent was sensitive to such taunts, and it is not the appellants case that the taunts were made jokingly, or out of love and affection, and without malice.
49. It has come on record that the appellant taunted the respondent for not being able to satiate her s*xual desire on account of his being heavy weight. It has also come on record that on 28.06.2006, the appellant not only slapped the respondent but asked him to leave the house. She also caught hold of kerosene can and opened its lid threatening the respondent that she would immolate herself and implicate the respondent and his family in a dowry case. The respondent also established that he reported this incident to his in- laws, but only his brother-in-law Rahul came on 29.06.2006 at about 12:30 p.m. and adviced the respondent to transfer his property in favour of the appellant to secure peace. She left the matrimonial home on 05.07.2006 with her jewelry and belongings, and gave an ultimatum to the respondent that he should transfer his property in her name if he desired that she lives like a devoted wife. The incident of 31.10.2006-when the parents and other people from Ghaziabad came and fought with the respondent; abused him and even assaulted him is also a serious incident, and each of this aforesaid incidents are grave and weighty matrimonial offences/misconducts by the appellant, which cannot be described as events relating to normal wear and tear of a marriage. 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 that it is not safe for him to peacefully and mentally continue the relationship with the appellant. Pertinently, it has not even been urged by Mr. Mehta that if the allegations made against the appellant are accepted as established, the same would not constitute mental cruelty in law.
Delhi High Court
Sa vs Aa on 22 March, 2016
Author: Vipin Sanghi
MAT. APP. 68/2012
https://www.lawweb.in/2016/05/whether-calling-husband-as-mota-hathi.html
