Court Annuls Marriage Due to Husband’s Relative Impotency
The Aurangabad bench of the Bombay High Court has annulled the marriage of a young couple because the man suffered from “relative impotency,” preventing them from consummating the marriage. The court acknowledged the emotional and physical frustration experienced by the couple.
In their judgment on April 15, Justices Vibha Kankanwadi and S.G. Chapalgaonkar emphasized that this case highlights the struggles of “young sufferers of marriage” who cannot connect emotionally, mentally, or physically.
A 27-year-old man approached the bench after a family court in February 2024 refused his 26-year-old wife’s application to annul the marriage at the admission stage. The woman claimed her husband declined physical relations due to his “relative impotency.”
Relative impotency refers to a situation where a person can have intercourse but cannot perform it with their spouse. The High Court noted, “The husband has relative impotency towards the wife, leading to non-consummation of the marriage.”
Initially, the man blamed his wife for the non-consummation due to his hesitation to admit his condition. Later, he openly acknowledged his relative impotency, understanding that it would not stigmatize him as generally impotent.
The couple married in March 2023 but separated after 17 days, unable to consummate the marriage. The man admitted his inability to establish physical relations with his wife, though he was otherwise normal. He sought to avoid the stigma of being labeled impotent.
The wife requested the family court to annul the marriage at the admission stage based on the Civil Procedure Code provisions, avoiding a full trial. However, the family court rejected this application, claiming the couple had raised collusive claims.
The High Court quashed the family court’s order, declaring the marriage null and void.
Conclusion
The Bombay High Court’s decision to annul the marriage due to the husband’s relative impotency emphasizes the importance of addressing emotional and physical disconnects in marital relationships. This ruling provides relief to individuals facing similar issues and seeks to mitigate the stigma associated with such conditions.
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