Kerala High Court allowed a petition by husband for dissolution of marriage while noting that unsubstantiated allegations of impotency or erectile dysfunction during matrimonial proceedings will constitute cruelty.
“Casting aspersions like impotency or erectile dysfunction by one spouse against the other in matrimonial proceedings will undoubtedly constitute cruelty,” noted the division bench comprising Justice A Muhamed Muhamed Mustaque and Justice Kauser Edappagath.
The court was hearing a matter where petitioner (husband) was seeking dissolution of marriage on the grounds of incurable unsound mind and cruelty.
The petitioner has alleged that his wife had been suffering from incurable unsoundness of mind and mental disorder prior to the marriage and his consent to marriage was obtained by suppressing the fact.
The wife claimed that her husband was suffering from erectile dysfunction. But the court found that there was nothing on record to show that the man was suffering from erectile dysfunction. However, the petitioner deposed during evidence collection that he was ready to undergo a medical examination for the same, but no such steps had been taken by her.
“Hence, she had failed miserably to substantiate the imputation made by her that he was suffering from erectile dysfunction. The allegations and counter-allegations levelled against each other establish that there is no further chance of a reunion. He has pleaded and proved specific instances of cruelty meted out to him by his wife. Hence, the marriage between them stands dissolved,” the court said.
