Bengaluru: The Karnataka High Court in a judgment has ruled that allegation of impotence on husband by wife without any evidence will also amount to mental harassment.
The court on Wednesday also noted that the husband can file a petition in this backdrop for separation.
The division bench headed by Justice Sunil Dutt Yadav gave the order in connection with the petition submitted by a person from Dharwad seeking quashing of order by the Dharwad Family Court rejecting his plea to grant the divorce.
The bench has also directed the petitioner to provide Rs 8,000 monthly maintenance until she is remarried.
"The wife has alleged that her husband is not fulfilling the obligations of marriage and incapable of sexual activity. But, she has not provided any proof to substantiate her charges," the court said.
These baseless allegations will bring down the dignity of the husband. A learned woman will not allege impotency of her husband in front of others. The allegation regarding husband's incapability to have children amounts to mental harassment, the bench noted.
The husband has stated that he is ready for medical tests. In spite of this, the wife has failed to prove her charges with medical tests. According to the Section 13 of Hindu Marriage Act 1955, impotency cannot be the reason for separation. False allegations in this regard amounts to mental harassment and husband can seek divorce in this background, the court opined.
The petitioner had married the woman in 2013. Few months after the marriage he submitted a petition before the Dharwad Family court seeking divorce. He claimed that in the beginning his wife gave cooperation for marital life but her behaviour changed later.
He charged that his wife repeatedly told his relatives that he is incapable of sexual intercourse and he felt humiliated. He sought separation from the wife in this background. However, the Dharwad Family Court had dismissed his plea for divorce on June 17, 2015. The husband had moved the petition to the High Court.
