Wife Levelling Unsubstantiated Allegations Of Husband Being Impotent Amounts To Cruelty: Karnataka High Court

Wife Levelling Unsubstantiated Allegations Of Husband Being Impotent Amounts To Cruelty

Case: Shashidhar So Irappa Chachadi Vs Vijayalaxmi Wo Shashidhar Chachadi

Coram: Justice S. Sunil Dutt Yadav and Justice K.S. Hemalekha

Case No.: MFA NO.102625/2015 (MC)

Court Observation: “The allegations having not been proved to be genuine, and calling the husband an impotent without legally substantiating the same, itself would amount to cruelty within the meaning of Section 13(ia) of the Act and the trial Court was not justified in holding that the cruelty asserted by the husband is not proved.”

“No material is forthcoming and no efforts have been made to prove that the contention raised by her about the impotency of the husband is true and is not merely an allegation, but a fact. This having not been done, the allegation of impotency in the presence of others and her husband would necessarily affect the reputation of the husband.”

“No prudent woman would think of making allegations of impotency in the presence of others, rather she would take necessary steps to see that the reputation of the husband is not affected and not thrown out in public. The complaining of incapacity of the husband to bear children, without any proof creates an intense mental agony and anguish of the husband.”

“The wife has failed to discharge the burden to prove that the husband is impotent as the husband is willing to undergo medical examination as stated in his affidavit. Having not proved the allegation, the unproved/unsubstantiated false allegations about impotency has led to mental disturbance of the husband causing disharmony between the husband and wife, which makes the husband unable to stay with the wife.”

“Though Section 13 of the Act does not consider the impotency as the ground for divorce, the false allegation of impotency being made by the wife would definitely cause mental disharmony and this would amount to mental cruelty within the meaning of Section 13(1)(ia) of the Act, and enables the husband to seek divorce on the ground of cruelty.”

“In view of the fact that the wife has not placed any materials to unshore her contentions.”

“Rule 23 of the Mediation Rules would state that the communication between the parties and the mediator is confidential and prescribes the procedure as to what is to be communicated between the mediator and the Court.”

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Wife Levelling Unsubstantiated Allegations, Cruelty