Telangana High Court Rejects Woman’s ₹90 Lakh Alimony Plea, Says No Proof of Husband’s Impotency
The Telangana High Court recently dismissed a woman’s plea seeking divorce and permanent alimony of ₹90 lakh after she failed to prove her claim that her husband was impotent or that he had committed marriage fraud.
The woman had alleged that her husband suffered from erectile dysfunction and was incapable of consummating their marriage. She also accused him of concealing his medical condition before marriage and sought divorce on grounds of nullity of marriage, cruelty, and fraud.
A division bench of Justice Moushumi Bhattacharya and Justice BR Madhusudhan Rao upheld the family court’s earlier decision to reject her plea, observing that there was no credible evidence to support her claims.
The Court noted that apart from her testimony, the wife had produced no independent witnesses or substantial proof to show that her husband was incapable of fulfilling marital obligations. Medical reports and potency tests submitted by the husband indicated normal reproductive health.
The husband admitted to temporary erectile dysfunction in the past but stated it was successfully treated. He further claimed that the marriage was consummated and that the couple had sexual relations on multiple occasions, including during their honeymoons in Kerala and Kashmir.
Rejecting the wife’s arguments, the Court said that she could not, after five years of marriage, suddenly allege impotency, especially when her own conduct and medical records indicated otherwise.
The High Court concluded that the allegations of fraud and cruelty were not proven and therefore denied her request for annulment of marriage and ₹90 lakh permanent alimony.
Advocate B Subash represented the wife, while Advocates A Praneeth and P Lakshma Reddy appeared for the husband.
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