Delhi High Court bench of Justices Manmohan and Sanjeev Narula said that making false allegation of impotence against someone will amounts to cruelty.
Delhi High Court upholding trial court Judgment of granting divorce to a man by a Southeast district family court in February said the false allegation spoils personal life and harms reputation.
Court states the allegation of being impotent is grave and serious and said it was likely to impact the person’s self-image and adversely affect his mental well-being. It was hearing an appeal filed by a woman against the grant of divorce to her husband.
Court also said, “If it is established from the evidence that the allegations were evidently false, then such baseless allegations made in the written statement can amount to cruelty and the Court can pass a decree of dissolution of the marriage”
“Thus, having regard to the law on the subject, we find no infirmity in the findings and observations of the trial court that the allegation of the appellant in the written statement with respect to the impotency clearly falls within the concept of cruelty as defined under law”
Court said, “It cannot allow the parties to be so casual about the averments made in the pleadings”.
“There can be no justification for any party to retaliate by making untrue and false allegations regardless of how provocative the allegations may be”
High Court Rejected wife argument that she was justified in making the allegation since he in his petition was casting aspersions on her sexual behaviour.
Delhi High Court accepted husband plea for divorce on grounds that his wife made false allegations in her statement regarding his impotence and dowry harassment and ill treatment by his family.