The Karnataka High Court has ruled that a wife accusing her husband of impotency without valid proof is considered cruelty under Section 13(ia) of the Hindu Marriage Act. This decision overturned a previous family court ruling that had dismissed the husband’s request for divorce.
A bench consisting of Justice S. Sunil Dutt Yadav and Justice K.S. Hemalekha made these remarks while considering the husband’s appeal. The husband argued that his wife was initially cooperative for a month after their marriage, but her behavior soon changed. She allegedly refused to do household chores and began accusing him of being incapable of fulfilling his marital duties, claiming he was unfit to be a husband. These allegations were made not only to him but also in front of both their families, causing him significant embarrassment and mental distress. Consequently, he sought a divorce.
The husband’s lawyer, Advocate Srinand A. Pachchapure, argued that the wife not only disrespected her husband and in-laws but also accused him of being unable to fulfill his marital obligations. This caused both mental and emotional suffering for the husband, especially as these claims were made in front of his parents and relatives.
The wife argued that their marriage had never been consummated, and she believed this was due to the husband’s incapability. Despite these doubts, she expressed her willingness to continue the marriage.
After reviewing the evidence, the court noted, “There is no evidence to support the wife’s claims of impotency, nor has any effort been made to prove these allegations are true. Making such accusations publicly and without proof damages the husband’s reputation.” The court added that any prudent woman would avoid making such claims in public to protect her husband’s reputation.
The court further observed that since the wife could not substantiate her allegations and the husband had expressed his willingness to undergo a medical examination, her unproven claims caused him significant mental agony and disrupted the harmony in their marriage.
The bench criticized the family court for relying on conciliation proceedings between the couple and noted that the unproven claims of impotency indeed amounted to cruelty under the Hindu Marriage Act.
As a result, the court granted the husband’s appeal and dissolved the marriage. Additionally, considering the husband’s income, the court upheld the trial court’s decision to award the wife a monthly maintenance of Rs. 8,000 until she remarries. This amount will serve as permanent alimony.
Case No: MFA NO.102625/2015 (MC)
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