According to the Delhi High Court, openly humiliating and labeling the husband as impotent in front of family members constitutes mental cruelty. The bench, in its decision to allow the appeal, emphasized that the husband’s public humiliation due to the wife’s deliberate or unintentional actions in referring to his sterility as impotence cannot be ignored. Ultimately, the Delhi High Court concluded that the acts of public humiliation and unfounded allegations by the wife constituted mental cruelty, leading to the dissolution of the marriage.
The Delhi High Court has underscored the importance of respect and privacy within the marital relationship, deeming that a wife’s public humiliation of her husband, specifically by calling him ‘impotent‘ and revealing details of their sexual life in front of family members, constitutes mental cruelty. This significant ruling was handed down by a Division Bench consisting of Justices Suresh Kumar Kait and Neena Bansal Krishna, highlighting the psychological impact such actions can have on an individual.
The court observed,
“We conclude that to be openly humiliated and called impotent by his wife in front of others and for the respondent to discuss their sexual life in the presence of family members can only be termed an act of humiliation causing mental cruelty to the appellant.”
This statement was part of the judgment that led to the granting of a divorce to a man under the Hindu Marriage Act, setting aside the decision of the Family Court that had previously refused the divorce.
The couple, married in 2011, faced challenges in expanding their family, leading to attempts at conception through In Vitro Fertilization (IVF). However, after two unsuccessful IVF procedures, marital discord became evident, particularly when the wife allegedly insulted the husband by labeling him as impotent during the festival of Dussehra in 2011.
Despite the wife’s claims of dowry harassment, the court found these allegations to be unsubstantiated, noting,
“There is no cogent evidence produced by the respondent to corroborate her allegations of dowry harassment.”
Furthermore, the court remarked on the absence of any justified reason for the wife’s withdrawal from the matrimonial relationship, which deprived the husband of conjugal happiness since October 2013.
Addressing the allegations of impotency, the court recognized the damaging effects of such accusations, stating,
“The appellant has claimed that false allegations of impotency were leveled against him time and again by the respondent even though he was perfectly fit and capable of establishing a physical relationship for mutual co-habitation.”
Ultimately, the Delhi High Court concluded that the acts of public humiliation and unfounded allegations by the wife constituted mental cruelty, leading to the dissolution of the marriage.
“The only inference from the conduct of the respondent that can be inferred is that she detached herself from the appellant, on account of his incapacity and decided to leave him and snapped their matrimonial relationship… Accordingly, the impugned Judgment dated 28.07.2021 dismissing the Divorce Petition, is hereby set-aside and the divorce is granted to the appellant on the ground of cruelty,”
the Court decreed.
Legal representatives for both parties, Advocates Pratyush Chirantan, Santosh, and Mandeep Singh for the husband and Advocates Rupali Kapoor and KD Sharma for the wife, played significant roles in this case. The judgment sets a precedent regarding the boundaries of privacy and respect within a marriage, particularly in the context of delicate subjects such as sexual health and personal conflicts.
