The Delhi High Court recently ruled that a wife’s open humiliation of her husband, such as labeling him ‘impotent’ and discussing their sexual life in front of family members, constitutes mental cruelty and can be grounds for divorce.
Such disclosures even to the family members are a source of humiliation, the Court underscored. “In the light of above discussion, we conclude that the to be openly humiliated and being called as impotent by his wife, in front of others and for the respondent [wife] to discuss their sexual life in the presence of family members, can only be termed as an act of humiliation causing mental cruelty to the appellant [husband],” the Court held.
The Court’s decision came in a divorce case under the Hindu Marriage Act, where the husband sought divorce on grounds of cruelty. The Family Court had initially denied his plea.
The couple, married in 2011, faced challenges in conceiving naturally due to medical reasons, leading them to undergo In Vitro Fertilization (IVF) treatment. Despite these efforts, they remained childless, causing strain in their relationship.
The husband accused his wife of publicly insulting him by alleging his impotence, particularly during a Dussehra festival incident in 2011.
After examining the case, the Court noted that marital discord arose due to the husband’s sterility, described colloquially as ‘impotency’. It found no evidence to support the wife’s allegations of dowry harassment.
“The only inference from the conduct of the respondent [wife] that can be inferred is that she detached herself from the appellant, on account of his incapacity and decided to leave him and snapped their matrimonial relationship. Such withdrawal of the respondent from the matrimonial relationship unilaterally without any reason or basis thereby depriving the appellant of conjugal bliss, since October 2013 till date, can only be inferred as an act of cruelty,” the Court said.
It, therefore, set aside the family court order and granted divorce to the husband. “We, on the appreciation of the entire evidence as led by the parties, are compelled to conclude that the appellant had been subjected to cruelty. Accordingly, the impugned Judgment dated 28.07.2021 dismissing the Divorce Petition, is hereby set-aside and the divorce is granted to the appellant on the ground of cruelty under Section 13 (1) (ia) of the Hindu Marriage Act,1955.”
Advocates Pratyush Chirantan, Santosh, and Mandeep Singh represented the husband, while advocates Rupali Kapoor and KD Sharma represented the wife.
