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Making false allegation of impotency amounts to cruelty: Kerala HC

Making a false accusation in legal divorce proceedings could lead to dissolution of marriage on the ground of cruelty. 

Published: 03rd June 2021 05:59 AM  |   Last Updated: 03rd June 2021 06:48 AM   |  A+A-

By Express News Service

KOCHI: Making a false accusation in legal divorce proceedings could lead to dissolution of marriage on the  ground of cruelty. Accusing each other of having impotency by couples during divorce proceedings will be considered as cruelty, the Kerala High Court has declared and  nullified the marriage of two doctors in Ernakulam. 

A division bench  comprising Justice A Muhamed Muhamed Mustaque and Justice Kauser Edappagath observed: “Casting aspersions like impotency or erectile dysfunction by one spouse against the other in matrimonial proceedings will undoubtedly constitute cruelty.” The court issued the order while allowing the petition seeking to dissolve the marriage between the woman and the petitioner on the grounds of incurable unsound mind and cruelty. According  to the husband, his wife had been suffering from incurable unsoundness of mind and mental disorder prior to the marriage and his consent to marriage was obtained by suppressing the fact.

The order stated that two young medical graduates tied the knot with the hope that the bond between them would last forever with love and joy. But, their hope did not last even the first night. For both, the much-anticipated wedding night was disappointing, if not terrible.

The man found the wife drowsy, lethargic, abnormal and not being excited as a normal newly-wed bride would be and the woman found the husband emotionless and suffering from erectile dysfunction. The court held that unsubstantiated accusations and character assassination in a written statement would constitute mental cruelty.

Apart from the bold allegations in the counter statement, there was nothing on record to show that the man was suffering from erectile dysfunction. He deposed during evidence collection that he was prepared to undergo a medical examination to disprove the contention of his wife that he was having such a sexual incapacity. No such steps had been taken by her. 

Hence, she had failed miserably to substantiate the imputation made by her that he was suffering from erectile dysfunction. The allegations and counter-allegations levelled against each other establish that there is no further chance of a reunion. He has pleaded  and proved specific instances of cruelty meted out to him by his wife. Hence, the marriage between them stands dissolved, the court ruled.



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