False allegation of impotency against husband amounts to cruelty, rules Delhi HC

Source:-https://www.indialegallive.com

New Delhi (ILNS): The Delhi High Court on Friday while dealing with a matrimonial case has held that false allegation of impotency against a husband amounts to cruelty by wife under the Hindu Marriage Act.

The wife had filed an appeal before the Delhi High Court against the order of the Family Court whereby the Court while rejecting the relief sought under Section 12(1)(a) and (c), allowed the petition of the husband by granting divorce under Section 13(1)(ia), of the Hindu Marriage Act, 1955.

The husband initially preferred a petition seeking a decree of nullity of marriage under Section 12(1)(a) and (c) of the Act, on two grounds, that the marriage could not be consummated due to Appellant’s impotency and that his consent was obtained by concealing several material facts related to the psychological disposition of the Appellant, knowing which, he would not have consented for the marriage.

In the Written Statement filed before the Trial Court, the Appellant wife interalia pleaded that the husband was suffering from impotency (erectile dysfunction) which was the true cause of non-consummation of marriage. Placing reliance on the wife’s written statement, the husband amended his petition and additionally sought relief of divorce on the ground that the allegations made in the written statement were false and had caused him mental cruelty.

The division bench of the High Court comprising Justices Manmohan and Sanjeev Narula observed that the Courts with respect to the allegations made in pleadings if it is established from the evidence that the allegations were evidently false, then such baseless allegations made in the written statement can amount to cruelty and the Court can pass a decree of dissolution of the marriage.