Making false allegation of impotency amounts to cruelty: Kerala HC

4th June,2021

Making false allegation of impotency amounts to cruelty: Kerala HC



Making a false charge in a formal divorce case could result in the marriage being dissolved due to cruelty. The Kerala High Court has proclaimed and annulled the marriage of two doctors in Ernakulam, saying that accusing each other of having impotency during divorce proceedings is cruel. “Casting aspersions like impotency or erectile dysfunction by one spouse on the other in matrimonial proceedings will surely constitute cruelty,” Justice A Muhamed Muhamed Mustaque and Justice Kauser Edappagath wrote for a division bench. The order was given when the court was considering a petition to dissolve the marriage between the lady and the petitioner due to the lady's incurable unsound mind and cruelty. According to the husband, his wife had been suffering from incurable unsoundness of mind and mental disorder before to the marriage, and he got his consent to marry by concealing this truth. According to the order, two young medical graduates tied the wedding in the hopes that their love and joy would remain forever. Their optimism, however, did not endure beyond the first night. The much-anticipated wedding night was disappointing, if not disastrous, for both. The lady found the husband emotionless and suffering from erectile dysfunction, while the guy found the wife drowsy, lethargic, weird, and not as thrilled as a normal newlywed bride would be. Unsubstantiated claims and character assassination in a written statement, according to the court, would be considered mental cruelty. Aside from the aggressive assertions in the rebuttal statement, there was no evidence that the man had erectile difficulties on file. During the evidence gathering, he stated that he was willing to submit to a medical examination in order to contradict his wife's claim that he was experiencing sexual incapacity. She had taken no such measures. As a result, she had horribly failed to establish her imputation that he was suffering from erectile dysfunction. The accusations and counter-allegations levelled against each other prove that a reunion is no longer possible. He has pleaded and proven specific instances of his wife's mistreatment to him. Hence, the marriage between them stands dissolved, the court ruled.