Telangana HC dismissed wife’s divorce and Rs 90 lakh alimony plea, holding husband not proven impotent. Court found no merit in allegations of cruelty and non-consummation.
Thank you for reading this post, don't forget to subscribe!
HYDERABAD: The Telangana High Court dismissed a woman’s appeal seeking annulment of her marriage and Rs 90 lakh alimony on grounds of her husband’s alleged impotency and cruelty. The court, relying on medical records and the couple’s conduct, found no merit in her claims and upheld the earlier order of the Ranga Reddy Family Court.
Background of the Case
A Hyderabad-based couple married on 11 December 2013. The wife (Harini) alleged that the marriage was never consummated due to her husband’s erectile dysfunction. She claimed that multiple attempts, including during their honeymoon trips to Kerala and Kashmir, failed. Later, while living in the United States (2015–2018), she alleged that medical consultations confirmed her husband’s condition as incurable.
On these grounds, she approached the Ranga Reddy Family Court in 2018 seeking:
- Nullification of marriage under Section 12 of the Hindu Marriage Act, 1955
- Divorce on grounds of cruelty under Section 13(1)(ia)
- Permanent alimony of Rs 90 lakh
The Family Court, after reviewing evidence including medical reports, dismissed her petition in May 2024. Aggrieved, she appealed before the Telangana High Court.
Husband’s Defence
The husband (Prasanth) denied the allegations, asserting that:
- The marriage was consummated and they had normal sexual relations.
- Temporary erectile issues were treated successfully with prescribed medication (Cialis).
- He supported his wife financially, transferring over Rs 28.7 lakh and sharing expenses in the U.S. until he lost his job in 2018.
- The wife’s petition was motivated by financial gain, not marital discord.
ALSO READ: Supreme Court Dissolves Marriage Under Article 142: “9 Years, 3 States, 1 Resolution”
High Court’s Observations
The Division Bench carefully examined medical and documentary evidence:
- Medical Records:
- A 2013 semen analysis showed normal sperm count.
- A 2021 potency test by Gandhi Hospital reported no evidence of permanent erectile dysfunction.
- Conduct of the Parties:
- The wife continued to live with her husband in the U.S. until 2018, despite claiming non-consummation.
- She filed her divorce petition only in 2018, five years after marriage—raising doubts about the credibility of her claims.
- Additional Documents:
- The wife attempted to introduce U.S. court summons relating to her husband’s financial disputes.
- The court rejected them, holding they were irrelevant to the matrimonial dispute and not filed with due diligence.
ALSO READ: Supreme Court Dissolves 15-Year-Old Marriage, Orders Rs 1.25 Crore Alimony to Wife
Verdict
The High Court concluded that the wife had failed to prove her husband’s impotency or cruelty. Her testimony lacked independent corroboration, and medical evidence contradicted her claims.
The court observed:
“If the marriage had truly remained unconsummated, the wife would have promptly informed her family or authorities instead of waiting five years to seek divorce.”
Accordingly, the court dismissed the appeal and upheld the Family Court’s judgment.
Case Title:
Mrs. Harini Kanbham Keshava Moorthy vs Prasanth Kumar Vatti
I.A.No.1 of 2025 IN/AND F.C.A.NO.195 OF 2024
READ JUDGMENT HERE
Click Here to Read More Reports On Matrimonial Dispute