The Telangana High Court recently ruled in a unique case, where a wife had demanded divorce and permanent alimony of Rs 90 lakh, accusing her husband of impotence. But the court turned down the demand and said that the wife has no concrete evidence to prove her claims.
What happened in marriage and honeymoon?
The case is to a wedding in Hyderabad in December 2013. The wife said that her husband hid her medical condition and from the very first day of marriage, he was completely unable to have a physical relationship. The wife told the court that the problem remained there during the honeymoon, which happened in Kerala and Kashmir.
When she went to America in 2015, the doctors there allegedly confirmed the “non -treatment problem” in the husband. The wife said that due to this she broke mentally and her dream of starting her family remained incomplete.
Husband gave her cleaning
On the other hand, the husband said in the court that it was a love marriage and his marital life was normal in both India and America. He admitted that there were some problems in the beginning, but with the help of medicines, his condition improved. The husband also told that he gave financial assistance to the wife, in which about 28 lakh rupees were transferred directly to his bank account. The husband said that this case of the wife is actually based on the longing for money, not on any real trouble.
What did the court get?
The High Court listened to the arguments of both the parties and reviewed all medical documents. There was no evidence of husband’s impotent in the Potency Test held at Gandhi Hospital in Secunderabad in 2021. In the medical report before marriage, the husband’s sperm count was described as normal. The court also raised the question that if there was never a physical relationship after marriage, then why did the wife delay in filing the divorce application till 2018, ie for five years? The delay was considered suspicious by the court.
The wife also presented some financial matters documents going on in the US in the court, but the judges clearly stated that they had no relation with this matrimonial dispute.
Final decision of High Court
Justice Moushumi Bhattacharya and B.R. Madhusudan Rao’s bench upheld the Rangauddy Family Court (2024) verdict. The court said, “There is no strong evidence of the husband being unable to fulfill the marital responsibility.” In this way, the wife’s divorce and a petition demanding Rs 90 lakh was rejected.
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