False allegation of impotency against husband amounts to cruelty, rules Delhi HC

Team SoOLEGAL 24 Nov 2020 3:14pm

False allegation of impotency against husband amounts to cruelty, rules Delhi HC

On Friday, 20th November, 2020, the Delhi High Court had rejected an appeal and was of the view that false allegation of impotency results to cruelty under Hindu Marriage Act, 1955. An appeal was filed before the Delhi High Court against the order of the Family Court in which the Family Court had granted divorce to the husband on the grounds of cruelty.

A written statement was filed by the wife and in that statement the wife stated that her husband has been suffering from impotency. This particular allegation was rejected by the husband and stated that the written statement of the appellant was false and also had caused him mental trauma.

Justice Manmohan and Justice Sanjeev Narula were hearing the plea and formed a view that, if it is proven from the facts that the allegations were manifestly false, then such unfounded allegations made in the written statement may lead to abuse, and the Court may pass a decree dissolving the marriage. The husband had moved to Family Court to nullify the marriage on the ground that his wife cannot conceive due to which the current marriage is not complete. In response the wife had stated that, her husband was suffering from impotency and also demanded dowry. But the wife could not produce any proof in support of her arguments and on the other hand the husband had provided a certificate from a doctor where it has clearly certified that the husband is not impotent. The Family Court had accepted the petition of the husband and granted him divorce.

Thus an appeal was filed by the wife in Delhi High Court. The Court was of the view that as there is no proof which will support the contention of the appellant, the allegation which has been made by the appellant towards his husband can cause deep hurt and also can cause mental trauma. It’s of no use to advice the husband to stay with the appellant and thus the Delhi High Court has upheld the order of the Family Court.

Tagged: Delhi HC   Hindu Marriage Act   Family Court   Justice Manmohan   Justice Sanjeev Narula   divorce cases  
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