The Orissa High Court has held that a wife ridiculing her husband’s physical disability and using disparaging terms like “Nikhatu” and “Kempa” amounts to mental cruelty and constitutes valid grounds for divorce under Section 13(1)(i-a) of the Hindu Marriage Act.

A Division Bench comprising Justice Bibhu Prasad Routray and Justice Chittaranjan Dash upheld a decree of divorce granted by the Family Court, Puri, observing that in a marital relationship, mutual respect and support are essential, especially when one partner suffers from physical infirmity. The Court noted:

“A person is expected to give respect to another in general. In a spousal relationship, a wife is expected to support her husband despite his physical limitations. In this case, the wife’s comments on her husband's condition amount to mental cruelty.”

The couple had married on June 1, 2016, under Hindu customs. The husband alleged that from the outset, the wife frequently mocked his physical condition. She left the matrimonial home in September 2016 and returned in January 2017 after intervention. However, her behaviour reportedly remained unchanged, eventually leading to her departure again in March 2018 and the filing of a criminal case under Section 498-A IPC against her husband and in-laws.

In April 2019, the husband filed for divorce, citing mental cruelty. The Family Court ruled in his favour, leading to an appeal by the wife.

Before the High Court, the husband testified about the repeated insults, which he said deeply impacted his mental well-being. His statements were supported by another witness. During cross-examination, the wife was unable to disprove the allegations. She also admitted to filing a criminal case, which the Court took into account.

Relying on established precedents including V. Bhagat v. D. Bhagat and Samar Ghosh v. Jaya Ghosh, the Bench reaffirmed that mental cruelty can be established through persistent humiliating conduct, such as derogatory remarks about a partner’s disability.

“The wife’s language reflected deep disrespect and a lack of empathy, striking at the dignity of the husband,” the Court remarked.

While affirming the divorce, the Court clarified that the wife was free to approach the Family Court regarding her claims for permanent alimony and streedhan, as no sufficient material was presented on record to assess the financial status of both parties.