Telangana HC Refuses Divorce Over Impotency Claim, Says Wife Failed to Prove Allegation

Telangana HC Refuses Divorce Over Impotency Claim, Says Wife Failed to Prove Allegation

The Telangana High Court has refused to dissolve a marriage based on a wife's allegation that her husband was impotent, saying she did not provide enough medical proof to support her claim.

The woman, a 38-year-old software engineer, had filed for divorce under the Hindu Marriage Act, 1955, claiming her 33-year-old husband—a government employee—was sexually impotent and had hidden this from her before their 2013 marriage. She also accused him of cruelty and sought ₹90 lakh as permanent alimony.

She told the Court that the marriage was never consummated, even though they lived together in the U.S. for several years. However, her arguments were mostly based on her personal claims, and she did not provide solid medical evidence or details of any treatment he had supposedly undergone.

The husband denied all the charges and submitted medical records along with witness statements to show that he was not impotent. A government hospital had even issued a potency certificate in 2021, confirming that there was no sign of sexual dysfunction.

After reviewing the evidence, a division bench of Justices Moushumi Bhattacharya and B.R. Madhusudhan Rao agreed with the family court's earlier decision to reject the divorce plea. The judges said the woman had not met the legal requirement to prove her husband was incapable of having sex.

They also pointed out contradictions in her story, especially the fact that she continued living with him between 2015 and 2018—something that didn’t match her claim that the marriage was never consummated.

The Court further said that the woman had not submitted any expert or medical report to back her claims or counter the husband's medical certificate.

It also rejected her attempt to bring in documents from financial proceedings against the husband in the U.S., calling them irrelevant to the divorce case.

In the end, the High Court dismissed the appeal and upheld the family court’s ruling.

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