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Tuesday, December 01, 2020

False allegation of impotence amounts to cruelty, says HC

“If it is established from the evidence that the allegations were evidently false, then such baseless allegations made in the written statement can amount to cruelty and the Court can pass a decree of dissolution of the marriage,” the judgment reads.

By: Express News Service | New Delhi | Updated: November 22, 2020 8:37:42 am
Delhi: Woman forcibly sent to rehab, court orders probeThe court was told her father had earlier made a complaint in Rajasthan, where she works, alleging her kidnapping and illegal confinement.

The Delhi High Court has held that levelling false allegation of impotence against a spouse amounts to cruelty, while upholding a trial court ruling of granting divorce to a man by a Southeast district family court in February.

The division bench of Justices Manmohan and Sanjeev Narula termed the allegation grave and serious and said it was likely to impact the person’s self-image and adversely affect his mental well-being. It was hearing an appeal filed by a woman against the grant of divorce to her husband.

“Thus, having regard to the law on the subject, we find no infirmity in the findings and observations of the trial court that the allegation of the appellant in the written statement with respect to the impotency clearly falls within the concept of cruelty as defined under law,” the court said.

In the case before it, the bench said it agrees with the trial court observation that it was imperative for the wife to produce positive evidence to substantiate and prove the allegations made in her written statement in order to counter the evidence and the expert witness produced by her husband — the doctor had deposed that the man was found to have no problem of impotence.

“If it is established from the evidence that the allegations were evidently false, then such baseless allegations made in the written statement can amount to cruelty and the Court can pass a decree of dissolution of the marriage,” the judgment reads.

Rejecting an argument that the wife was justified in making the allegation since he in his petition was casting aspersions on her sexual behaviour, the court said it cannot allow the parties to be so casual about the averments made in the pleadings. “There can be no justification for any party to retaliate by making untrue and false allegations regardless of how provocative the allegations may be,” it added.

The court had granted the husband divorce on grounds that his wife made false allegations in her statement regarding his impotence and dowry harassment and ill treatment by his family.

 

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