Hyderabad: The Telangana High Court has dismissed a divorce petition filed by a Hyderabad woman after she failed to provide sufficient evidence to support her claim that her husband was impotent.
The 38-year-old software professional had sought divorce on the grounds of non-consummation of marriage.
She alleged that her 33-year-old husband, who is a government employee, had concealed his erectile dysfunction before their wedding.
Hyderabad woman seeks alimony of Rs 90 lakh
Earlier, the woman approached the family court in Hyderabad seeking divorce and permanent alimony of Rs 90 lakh. However, her plea was rejected.
Challenging the decision, she moved to the High Court. She claimed that their marriage remained unconsummated during their honeymoon and continued to be so even after they lived together in the US for two years.
She cited medical reasons, including failed surgeries and impotence, as reasons for divorce under the Hindu Marriage Act, 1955.
Husband rejects impotency claim
The husband rejected his wife’s claims and submitted medical records and testimonies to prove his sexual potency.
He stated that they had a consensual physical relationship both before and after marriage. A medical test conducted at the government hospital in 2021 further supported his stance.
HC upheld family court’s decision
A division bench comprising Justices Moushumi Bhattacharya and BR Madhusudhan Rao upheld the family court’s decision.
It noted the lack of substantial proof to validate the wife’s allegations. The court also questioned her delay in filing the petition, which was five years after her marriage. Despite claiming non-consummation, she continued living with her husband from 2015 to 2018 without raising the issue earlier.
The judges stated that mere allegations, without medical or factual backing, cannot dissolve a marriage.
