This particular decision is upheld by the Karnataka High Court through the learned bench led by JUSTICE K.S. HEMALEKHA J. in the case of Shasidhar Chachadi V. Vijayalaxmi Chachadi, [MFA NO.102625/2015 (MC)]
Facts: The husband filed a petition before the principal judge, family court Dharward under section 13(1)(ia) of the Hindu Marriage Act, 1955 seeking for divorcee on the grounds of cruelty. The parties did not dispute the marriage solemnized between them. However, the husband contended that after the first month of pure bliss and cooperation, the wife neglected to do any household chores and began to defame the husband by calling him impotent in front of his relatives and him.
The wife denied all allegations and contended that the husband began to grow distant from her and maintain distance in the house. She also alleged that he never showed any interest in consummating the marriage which lead to her doubting his competency in bed.
Judgement: The bench noted that no material evidence or effort was presented or made by the wife to prove the alleged impotency of her husband and therefore it remains, under the eye of the bench as a mere allegation.
Further, the bench also pointed out, “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 bench stated that though section 13 of the act does not consider impotency as a ground for divorce, the false allegation of impotency made by a wife would cause mental disharmony which can and will amount to mental cruelty under section 13(1)(ia). This enables the husband to seek divorce on the ground of cruelty.
In light of the facts and circumstances of the case and looking into the gross salary of the husband award of maintenance by the trial Court at Rs.8,000 per month to be paid on a monthly basis as and when it accrues till she remarries. This amount of Rs.8,000 would be in the nature of permanent alimony to the wife in view of the granting decree of divorce, till she gets remarried.
Judgement reviewed by Adithya Prasad