Making unfounded allegations of erectile dysfunction or impotence during matrimonial cases will constitute cruelty. This observation was made while the Kerala High Court allowed a man’s plea for dissolution of marriage.
The Division Bench comprising Hon’ble Justice A Muhamed Mushtaq and Hon’ble Justice Kauser Edappagath ruled that it was a settled position of law that unsubstantiated accusations and character assassination in the written statement would constitute mental cruelty.
This order was passed in an appeal filed by the petitioner husband after the trial court dismissed the petition seeking marriage dissolution and allowed the wife’s plea for restitution of conjugal rights.
The respondent and appellant were both doctors and got married in June 2008. Initially, the couple lived together for just one week without consummating the marriage, and after that, they lived in different cities for two years to complete their PG course. By the time they started living together, their marriage was not working, and the husband applied for divorce.
After hearing the parties, the Trial Court dismissed the husband’s plea and allowed the wife’s petition for restitution for conjugal rights.
Aggrieved, the husband approached the High Court.
Contentions before the Court:-
The husband alleged that his wife suppressed material facts and did not disclose that she suffered from mental disorders.
On the other hand, the wife alleged that her husband had erectile dysfunction and was impotent.
The Court opined that even though the wife admitted that she was seeking treatment from two psychiatrists, there was nothing to suggest that her mental disorders were incurable.
Hon’ble Court also noted that the wife was making contradictory statements. First, she stated that her husband could get erections early in the morning and was satisfied sexually, and later she stated that her husband had erectile dysfunction.
The bench placed reliance on Vijaykumar Ramchandra Bhate vs Neela Vijaykumar Bhate. The Apex Court held that if a party makes unsubstantiated and disgusting allegations, the same would amount to mental cruelty and was a valid ground for divorce.
In light of the precedent, the Court allowed the appeal and passed a decree for dissolution of marriage.