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Saying ‘mota haathi’ to Husband is more than enough for divorce: Delhi HC

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New-Delhi: Being overweight or obese can put a damper on things in the bedroom and sex life will go downhill. The Delhi high court has ruled on Saturday that.”Calling your overweight husband “mota haathi” (fat elephant) is grounds for divorce as it is “destructive of the matrimonial bond”.

A divorce which is granted by a family court in 2012 has sustained the man who said that he was subjected to cruelty by his wife for being overweight and his alleged failure to satisfy her sexual desires.

The woman challenged the order in the high court. Justice Vipin Sanghi said. “The calling of names and hurling of abuses such as ‘Haathi’, ‘Mota Haathi’ and ‘Mota Elephant’ by the appellant (woman) in respect of her husband even if he was overweight, is bound to strike at his self respect and self esteem.”

The woman argued, in the family court and confident on “vague and non-specific” allegations while granting the divorce.

She argued that he failed to give specific instances of alleged cruelty with dates, time and particulars. However the high court, rejected her argument.

Justice Sanghi said. “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.”

The man has also complaint about his wife that she not only slapped him but also asked him to leave the house. He said his wife threatened to immolate herself with kerosene and implicate him and his family in a dowry case.

The man alleged that.”The woman left the matrimonial home with her jewellery and belongings, and told the man to transfer his property in her name if he desired her to live a “devoted wife”. He also complaint that on February 11, 2005, she hit his private parts when he wanted to have intercourse
and injured him.

The high court said. “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 (husband) that it is not safe for him to peacefully and mentally continue the relationship.”

The judge further added that. “Each of thisincidents are grave and weighty matrimonial offences/misconducts by the appellant (woman), which cannot be described as events relating to normal wear and tear of a marriage.”

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