Kerala HC – The New Indian Express
KOCHI: Making a false accusation in divorce court proceedings could lead to the dissolution of the marriage on the basis of cruelty. Accusing each other of powerlessness by couples during divorce proceedings will be considered cruelty, Kerala’s High Court has declared and annulled the marriage of two doctors to Ernakulam.
A division bench comprising Judge A Muhamed Muhamed Mustaque and Judge Kauser Edappagath observed: “Throwing slander like impotence or erectile dysfunction by one spouse against the other in marriage proceedings will undoubtedly constitute cruelty. The court made the order while allowing the petition to dissolve the marriage between the woman and the petitioner on the grounds of incurable insanity and cruelty. According to the husband, his wife suffered from mental disorders and incurable mental disorders before the marriage and her consent to the marriage was obtained by suppressing the fact.
The order stated that two young medical graduates were married in the hope that the bond between them would last forever in love and joy. But, their hope did not last even the first night. For both of them, the long-awaited wedding night was disappointing, if not terrible.
The man found the woman drowsy, lethargic, abnormal and not aroused like a normal bride would be and the woman found the husband emotionless and suffering from erectile dysfunction. The court ruled that unfounded accusations and personal injury in a written statement would amount to mental cruelty.
Aside from the bold allegations in the counter statement, there was nothing in the record to indicate that the man suffered from erectile dysfunction. He said when collecting evidence that he was ready to undergo a medical examination to refute his wife’s claim that he had such a sexual incapacity. None of these measures had been taken by her.
As a result, she had failed miserably to justify her imputation that he suffered from erectile dysfunction. The allegations and counter-allegations brought against each other establish that there is no longer any chance of a reunion. He pleaded and proved specific cases of cruelty inflicted on him by his wife. Therefore, the marriage between them is dissolved, the court ruled.