In the written submissions, a false accusation of impotence against the husband, even if rendered as a counter-allegation, leads to the wife's cruelty under the Hindu Marriage Act, held by the Delhi High Court.
The Division Bench of Justices Manmohan and Sanjeev Narula passed a judgement to this effect.
Under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (HMA), the Court dealt with an appeal favoured by the Appellant-wife against an order of the Family Court authorising the Respondent-petition husband's for divorce.
While doing so, under Section 12 HMA, the Family Court dismissed the petition to make the marriage invalid.
In addition to the Section 12 plea, the Appellant-wife argued before the Family Court, inter alia, that the respondent-husband suffered from impotence/erectile dysfunction owing to which the union remained unconsumed.
After these claims were included in the formal complaint, divorce relief was obtained.