Telangana High Court junks wife's plea for ₹90 lakh alimony, rejects claim that husband is impotent

The Telangana High Court recently rejected a woman’s plea for divorce and her prayer for permanent alimony of ₹90 lakhs, on finding that there was no proof to back up her claim that her husband was impotent or that he had committed marriage fraud. .The woman had sought divorce on the grounds that her husband suffered from erectile dysfunction and was incapable of sexual intercourse, along with claims of nullity of marriage, cruelty, and a demand for permanent alimony of ₹90 lakh. She argued that he had engaged in marriage fraud by not informing her about his alleged impotency before their marriage. A High Court Bench of Justice Moushumi Bhattacharya and Justice BR Madhusudhan Rao, however, dismissed her appeal and upheld a family court's decision to reject her plea. "We are of the view that the appellant has not made out any case to annul her marriage on the ground that the respondent is impotent and not capable of performing sex, underwent harassment in the hands of respondent and also failed to prove that she is entitled for permanent alimony of Rs.90,00,000/-. We are not inclined to interfere with the judgment passed by the Trial Court," the Court held in a ruling passed last month. .The wife had claimed that although her marriage was solemnized on December 11, 2013, it was never consummated. She alleged that her husband was unable to perform sexual intercourse on the wedding night, during their first honeymoon in Kerala in 2013, and again during their second honeymoon in Kashmir in 2014.She further contended that her husband had committed fraud by concealing material facts before marriage, specifically that he was suffering from Rheumatoid Arthritis, which led to erectile dysfunction. She alleged that the same amounted to cruelty under the Hindu Marriage Act, 1955, and justified the grant of divorce. .The wife claimed that a 2017 medical diagnosis confirmed her husband was unfit for marital life and incapable of having children, and further had left her in the USA in 2018.The husband denied these allegations, asserting that the marriage was consummated. He admitted to temporary erectile dysfunction but said it was treated successfully, with medical reports showing normal sperm count. He also maintained that they had sexual relations on multiple occasions, including during both honeymoons..The Court observed that, apart from the wife’s testimony, there was no evidence on record to establish that the husband was incapable of performing marital obligations."There is no evidence to prove that the respondent has played fraud and married the appellant … Except the testimony of the appellant, there is no evidence on record to show that the respondent was incompetent in performing the marital obligations. Furthermore she has not examined any independent witness to support her contentions," it said. .The Court added that the wife cannot, after five years of marriage. claim that the husband is impotent when both the medical records and her own conduct indicated otherwise."The marriage of the parties took place on 11.12.2013 and they went to Honeymoon on two occasions ... appellant was in USA from March, 2015 till 2017 and filed OP for divorce on 13.10.2018 after 5 years of the marriage. Appellant cannot turn around and say that the respondent is impotent but the Medical Report (Ex.P6) and Potency Test Report dated 15.04.2021 of the respondent speaks otherwise," the Court held, before dismissing her plea. .Advocate B Subash appeared for the appellant (wife). Advocates A Praneeth and P Lakshma Reddy appeared for the respondent (husband).