The Aurangabad bench of the Bombay High Court has annulled the marriage of a young couple due to the husband’s “relative impotency,” which prevented the couple from consummating the marriage. The court acknowledged the emotional and physical frustration experienced by both parties.
A division bench comprising Justices Vibha Kankanwadi and S.G. Chapalgaonkar, in their April 15 judgment, emphasized the importance of assisting young couples who are unable to connect mentally, emotionally, or physically. The court ruled this case as a valid ground for annulment.
The 27-year-old husband had approached the High Court after a family court in February 2024 rejected his wife’s request for the marriage annulment. The wife, aged 26, sought the annulment based on her claim that her husband had “relative impotency,” which refers to the inability to perform sexual intercourse with a particular partner despite having the ability to do so with others.
The High Court pointed out that the husband’s condition of relative impotency was evident as the marriage was not consummated. Initially, the husband hesitated to admit his condition and even blamed his wife for the non-consummation. However, he later accepted his condition, as it did not label him as impotent in general but only in relation to his wife.
The couple, who married in March 2023, separated just 17 days later. The husband admitted his inability to engage in physical relations with his wife but clarified that he did not want to carry the stigma of being labeled impotent in a broader sense.
The wife subsequently filed an application requesting the family court to annul the marriage at the admission stage, as per provisions in the Civil Procedure Code. However, the family court denied the request, claiming the couple’s claims were collusive.
The High Court overturned the family court’s decision and declared the marriage null and void.
Case Title: Ameya Kulkarni v. Isha Kulkarni [FCA No.18 of 2024]
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