False allegation of impotence Valid ground for divorce, Supreme Court upholds Delhi HC decision

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The Supreme Court upheld an order from the Delhi high court that making unfounded and false allegations against one’s spouse regarding the life partner’s impotence amounts to cruelty and divorce can be granted on this ground.

According to a Times of India report, a bench of Judges L Nageswara Rao and Aniruddha Bose refused to interfere with the HC verdict.

In November last year, the Delhi High Court upheld the divorce granted to a man whose ex-wife claimed was unable to have sex.

The High Court agreed with the husband’s attorney’s argument that the allegations made in the written statement filed by the wife were “serious and serious”, and likely to have an impact on the husband’s self-image. man and harm his mental well-being.

“Thus, having regard to the law in the matter, we do not find any infirmity in the conclusions and observations of the court of first instance according to which the allegation of the appellant (wife) in the written declaration relating to impotence clearly falls within the concept of cruelty. as defined by law, ”said a bench of Judge Manmohan and Judge Sanjeev Narula.

The High Court’s verdict came while dismissing the wife’s appeal against a lower court order granting the husband’s divorce petition under the Hindu Marriage Act.

The separated couple had married in June 2012. While it was a first marriage for the woman, the man was then divorced.

In the plea, the man had sought to declare the marriage null and void on the grounds that it could not be consummated due to the woman’s alleged impotence and that his consent had been obtained by concealing several material facts related to his psychological temperament.

If he had known them, he would not have consented to the marriage, he said.

The woman, in her response, in turn alleged that the man suffered from impotence (erectile dysfunction) which was the real cause of not consummating the marriage, her parents were quarrelsome, they demanded the dowry and she was cruelly treated and even severely beaten. by the man in front of his parents.

In the High Court, the woman sought the quashing of the lower court’s order granting a divorce judgment and also sought restitution of marital rights, saying she was ready to save the marriage alliance.

The high court said the woman’s claim was dismissed by the lower court based on the testimony of an expert witness who, after physically examining the man, found him to be normal without impotence problem.

He stated that mental cruelty is primarily contextual, relating to human behavior or conduct in relation to marital duties and obligations and it is essential to see whether the conduct of the party is of such a nature that a reasonable person would not tolerate the same, nor reasonably expect to live with the other party.

The High Court noted that the woman had reinforced the allegation of helplessness throughout the litigation and that these false accusations which could not be proven are sure to cause deep pain and anguish to the man, which can reasonably fear that it would be perilous for him to live with her.

“It is also very clear that because of the mental pain, agony and suffering caused by the false accusations, the Respondent (male) cannot be asked to endure the conduct of the Appellant (Female ) and continue to live with her, “the High Court said, adding that there had been an irreparable breakdown of the marriage.

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