False allegation of impotency of spouse amounts to cruelty: SC

False allegation of impotency of spouse amounts to cruelty: SC

AmitAnand.Choudhary@timesgroup.com

New Delhi:05.08.2021

Making baseless and false allegations against one’s spouse regarding impotency of life partner amounts to cruelty and divorce can be granted on that ground, the Supreme Court has said and upheld a Delhi high court order allowing divorce on that ground.

A bench of Justices L Nageswara Rao and Aniruddha Bose declined to interfere with the Delhi High Court verdict and dismissed the plea of a woman who had made the allegation against her husband in the court proceedings and challenged the divorce granted on his plea.

In this case the couple got married in 2012. But soon after the marriage, the man approached the court seeking to declare the marriage as null and void on the ground that it could not be consummated due to the woman’s alleged impotency. Countering his allegation, the wife then submitted in family court that the man was suffering from impotency (erectile dysfunction) which was the true cause of nonconsummation of marriage and also that her in-laws demanded dowry and she was cruelly treated. The man thereafter sought divorce on the ground of cruelty for making false allegation against him.

As the allegation of the wife was found baseless after examining medical report and taking into account the statement of a highly qualified medical expert with immaculate credentials, the family court allowed the divorce plea of the man, The woman then moved Delhi High Court which turned down her plea and said her allegations were “grave and serious”, and was likely to adversely affect the man’s mental well-being.

“Thus, having regard to the law on the subject, we find no infirmity in the findings and observations of the trial court that the allegation of the appellant (wife) in the written statement with respect to the impotency clearly falls within the concept of cruelty as defined under law,” the HC had said.

The wife thereafter approached the Supreme Court and pleaded that divorce on the ground of cruelty be quashed and she be allowed to get divoce through mutual consent. But her plea was stiffly opposed by advocate Prabhjit Jauhar, appearing for the husband. The court noted that parties were living separately for the last eight years and refused to interfere with the lower court and Delhi High Court order The HC in its verdict had extensively dealt with the aspect of cruelty caused due to baseless allegation and said “It is also abundantly clear that due to the mental pain, agony and suffering caused by the false accusations, the respondent (man) cannot be asked to put up with the conduct of the appellant (woman) and to continue to live with her.”