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The Delhi High Court, while commenting on a divorce case, said that making false allegations of impotence against a spouse is cruelty. Following this remark, the bench upheld the lower court’s order granting the divorce on the husband’s plea. The woman had sought cancellation of the divorce order after accusing her husband.
A bench of Justice Manmohan and Justice Sanjeev Narula said that in view of the law on the subject, there is no dearth of findings and observations of the lower court. The bench said that the allegations related to impotence in the written statement of the appellant (wife) clearly fall within the concept of cruelty as defined under the law.
The bench rejected the woman’s appeal against the lower court’s order on the husband’s plea for divorce under the Hindu Marriage Act. The bench said that the woman first made serious and such allegations on her husband that are having a negative impact on her life and when the court approved the divorce, now the woman is asking to cancel the divorce and stay with the husband again. . The couple was married in June 2012. This was the woman’s first marriage, while the man was divorced at the time. The woman was living separately from her husband and accused her husband of not having sex.
The bench accepted the plea of the husband’s counsel that the allegations made by the wife in the written statement are serious and may adversely affect the mental state of the person while affecting the image of the person.
The man, hurt by the serious allegations leveled by his wife, had approached the court to end his marriage. The person in the petition stated that the woman was allegedly not interested in sexual relations and that her permission for marriage was obtained by hiding the facts related to the woman’s alleged mental state. The person said that if there was proper information about the woman, she would never be ready for marriage.
In response to the husband’s plea, the woman alleged that her husband is suffering from impotence problem and this is the real reason for not getting married. Apart from this his in-laws are quarrelsome and demand dowry. The woman also alleged that the in-laws behaved brutally with her by asking for dowry and her husband beat her badly in front of her mother-in-law.
Taking the matter seriously, the bench said that the lower court’s order granting the divorce decree cannot be accepted. The bench said the woman’s allegations were dismissed by the trial court on the basis of expert testimony.