Delhi HC says false allegation of impotency against husband amounts to cruelty under Hindu Marriage Act

In Kriti Nagpal v. Rohit Girdhar, the Delhi High Court has held that if a wife holds a false allegation of impotency against her husband, then it is considered to be cruelty by the wife under Hindu Marriage Act. In this case, the wife had filed an appeal in the High Court against the order of Family Court. She sought relief under Section 12(1)(a) and (c). The husband filed a petition seeking decree of nullity of marriage under Section 12(1)(a) and (c) of the Hindu Marriage Act.

The Appellant in her written statement pleaded that her husband was suffering from impotence. After that, the husband amended his petition and he additionally sought for relief of divorce on the ground that the impotency was false allegations and it has caused him mental cruelty. The division bench of High Court held that if there is no evidence to prove the allegations made in the written statement, then it would amount to cruelty by the wife and the court can pass an order of dissolution of marriage. In V. Bhagat v. D. Bhagat case, it was held that baseless allegations on the husband may cause him mental pain and it clearly amounts to cruelty under the law.

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