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KARNATAKA HC: WIFE'S FALSE ALLEGATION OF IMPOTENCEY ON HUSBAND IS A MENTAL CRUELTY, HE CAN SEEK DIVORCE

Team SoOLEGAL 16 Jun 2022 4:51pm

Image courtesy: SoOlegal KARNATAKA HC: WIFE'S FALSE ALLEGATION OF IMPOTENCEY ON HUSBAND IS A MENTAL CRUELTY, HE CAN SEEK DIVORCE

New Delhi: In a recent decision, the Karnataka High Court ruled that a wife's claim of impotence on her husband without evidence is also considered mental harassment.

On Wednesday, the High Court also stated that the husband can file a petition for divorce in this context. The order was issued by a division bench led by Justice Sunil Dutt Yadav in response to a petition filed by a Dharwad resident seeking the quashing of an order issued by the Dharwad Family Court rejecting his divorce petition.

The bench has also instructed the petitioner to provide Rs 8,000 monthly maintenance until she is remarried.

"The wife has alleged that her husband is not fulfilling the obligations of marriage and is incapable of sexual activity," the Court stated, "but she has not provided any proof to substantiate her charges."

Such unsubstantiated accusations will take down the dignity of the husband. A learned woman will not assert impotency of her husband in front of others. The allegation concerning the husband`s incapability to have kids equates to mental harassment, the bench mentioned.

The husband has asserted that he is willing to undergo medical examinations. Despite this, the wife has been unable to prove her allegations through medical tests. Impotency is not a valid reason for divorce, according to Section 13 of the Hindu Marriage Act of 1955. False allegations in this respect constitute mental harassment, according to the court, and the husband is entitled to divorce in this situation.

In 2013, the petitioner married the woman. He filed a divorce petition with the Dharwad Family Court a few months after the marriage. He claimed that his wife initially cooperated in their marital life, but that her behavior changed later.

He claimed that his wife humiliated him by repeatedly telling his relatives that he is incapable of sexual intercourse. In this context, he sought divorce from his wife. On June 17, 2015, the Dharwad Family Court dismissed his divorce petition. The case had been taken to the High Court by the husband.



Tagged: IMPOTENCEY   ALLEGATION  
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