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The woman argued that her husband was suffering from Rheumatoid Arthritis, which led to erectile dysfunction and claimed this amounts to cruelty under the Hindu Marriage Act, 1955
A bench of Justice Moushumi Bhattacharya and Justice BR Madhusudhan Rao dismissed her appeal.(Representative/Shutterstock)
A woman has approached the Telangana High Court, seeking a divorce and Rs 90 lakh alimony on the ground that her husband was “impotent.” However, the High Court rejected the woman’s plea, saying that she did not have any proof to back up her claim on the husband’s impotency or that he had committed marriage fraud.
The woman claimed that her husband suffered from erectile dysfunction and was incapable of sexual intercourse, along with claims of nullity of marriage, cruelty, and a demand for permanent alimony of Rs 90 lakh, Bar & Bench reported.
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A bench of Justice Moushumi Bhattacharya and Justice BR Madhusudhan Rao dismissed her appeal.
“We are of the view that the appellant has not made out any case to annul her marriage on the ground that the respondent is impotent and not capable of performing sex, underwent harassment in the hands of respondent and also failed to prove that she is entitled for permanent alimony of Rs 90,00,000. We are not inclined to interfere with the judgment passed by the Trial Court,” the Court held in a ruling passed last month.
The couple got married in December 2013. However, the woman claimed the marriage was never consummated. The wife also mentioned their two honeymoons- one in Kerala in 2013 and another in Kashmir in 2014– when her husband couldn’t perform sex.
She also argued that her husband hid the fact that he was suffering from Rheumatoid Arthritis, which led to erectile dysfunction and claimed this amounts to cruelty under the Hindu Marriage Act, 1955. She also referred to a medical diagnosis in 2017 in which her husband was found “unfit” for marital life and incapable of having children.
However, the woman’s husband trashed all her allegations and contradicted the wife’s claim that the marriage was never consummated. Though he admitted to temporary erectile dysfunction, the husband claimed he got the treatment. He also claimed that he had sex with his wife on multiple occasions, including during both honeymoons.
While dismissing the plea, the High Court said there was no evidence on record to establish that the husband was incapable of performing marital obligations. The court also said that the wife cannot, after five years of marriage, claim that the husband is impotent when both the medical records and her own conduct indicated otherwise.
About the Author
Saurabh Verma covers general, national and international day-to-day news for News18.com as a Senior Sub-editor. He keenly observes politics. You can follow him on Twitter –twitter.com/saurabhkverma19
Saurabh Verma covers general, national and international day-to-day news for News18.com as a Senior Sub-editor. He keenly observes politics. You can follow him on Twitter –twitter.com/saurabhkverma19
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