Karnataka High Court Rules Wife’s Impotency Allegations as Cruelty
In a significant judgment, the Karnataka High Court has determined that unfounded allegations of impotency leveled by a wife against her husband constitute cruelty under Section 13(ia) of the Hindu Marriage Act. The court’s decision overturns a previous family court ruling that dismissed the husband’s plea for divorce.
According to case details, the husband had alleged that his wife initially cooperated for a month after their marriage but later changed her behavior drastically. She refused to perform household duties and began publicly asserting that he was incapable of fulfilling his marital responsibilities and unfit to be a husband. These allegations, made both in private and in front of relatives, caused immense embarrassment and mental anguish to the husband, leading him to seek divorce on grounds of cruelty.
Advocate Srinand A. Pachchapure, representing the husband, emphasized that the wife’s behavior, including disrespect towards the husband and his family, compounded the mental and physical cruelty inflicted upon him. The wife, in her defense, contended that their marriage was never consummated due to the husband’s alleged incompetency, which created doubts in her mind about his ability to fulfill marital duties. She maintained willingness to reconcile despite these challenges.
However, the bench, after reviewing the evidence, noted the lack of substantiation for the impotency claims made by the wife. It stated, “No material evidence was presented to support her allegations, which not only damaged the husband’s reputation but also caused severe mental distress.” The court emphasized that making such accusations without proof constitutes cruelty under the law.
The High Court criticized the family court for considering conciliation attempts without addressing the core issue of unsubstantiated allegations. It concluded that the husband’s plea for divorce on grounds of cruelty was justified and dissolved the marriage. Additionally, considering the husband’s income, it upheld the maintenance awarded by the trial court as permanent alimony until the wife remarries.
This landmark ruling by the Karnataka High Court underscores the importance of substantiating serious allegations in matrimonial disputes and sets a precedent for future cases involving similar issues of marital discord and legal implications.
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