False allegation of impotency against husband is cruelty under the Hindu Marriage Act: Delhi HC

  • 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.

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