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The husband countered that the marriage was a love marriage, and that the couple had a sexual relationship both in India and the US.
The judges were not persuaded by the wife’s attempt to introduce fresh documents relating to financial cases.
A woman’s bid to end her marriage and secure Rs 90 lakh in permanent alimony collapsed in the Telangana High Court recently, with the court ruling that her allegations of her husband’s impotency were not backed by evidence.
The division bench of Justices Moushumi Bhattacharya and BR Madhusudhan Rao upheld a 2024 order of the Ranga Reddy family court, which had already refused to dissolve the marriage. The appeal had been filed by the wife, who insisted that her husband concealed his medical condition, failed to consummate the marriage, and subjected her to years of emotional distress.
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The couple married in December 2013 in Hyderabad. According to the wife, her husband was unable to have sexual relations from the very first night, a problem that persisted during their honeymoons in Kerala and Kashmir. When she joined him in the United States in 2015, she claimed doctors confirmed that his erectile dysfunction was untreatable. She told the court that his condition, coupled with recurring medical issues, left her traumatised and robbed her of the chance to start a family.
The husband countered that the marriage was a love marriage, and that the couple had a sexual relationship both in India and the US. He admitted to experiencing difficulties but maintained that medication restored normalcy. He also pointed to financial support he extended to her, including over Rs 28 lakh transferred to her bank account, arguing that her case was driven by money rather than genuine grievance.
The High Court examined a series of medical documents, including a potency test conducted at Gandhi Hospital, Secunderabad in 2021, which concluded there was “nothing to suggest” that he was incapable of sexual intercourse. The bench noted that a diagnostic report before the marriage also showed normal sperm count.
The judges were not persuaded by the wife’s attempt to introduce fresh documents relating to financial cases in the United States, saying they were irrelevant to the matrimonial dispute and had been filed without due diligence.
Another factor that weighed heavily against her was timing. The wife filed her petition for divorce in 2018, five years after the marriage. Court observed that if the marriage had truly never been consummated, she would have raised the issue much earlier with her family or authorities.
There is no evidence to support the appellant’s contention that the respondent was incapable of performing marital obligations, the bench concluded, rejecting her plea for both divorce and alimony.
About the Author
Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr…Read More
Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr… Read More
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