Hyderabad, August 19, 2025:
The Telangana High Court has dismissed a woman’s appeal seeking divorce on the grounds of “marriage fraud” and alleged impotency of her husband, after finding that she failed to substantiate her claims with credible evidence.
A Division Bench of Justice Moushumi Bhattacharya and Justice B.R. Madhusudhan Rao upheld the trial court’s decision, ruling that the wife could not prove that her husband suffered from erectile dysfunction at the time of marriage or that the marriage was never consummated.
The appellant-wife contended that her marriage with the respondent took place on December 11, 2013, but was never consummated. She alleged that her husband was impotent and deliberately concealed his medical condition prior to marriage.
According to her, the husband was suffering from Rheumatoid Arthritis, which also led to erectile dysfunction. She claimed that this amounted to fraud under Section 12(1)(c) (nullity of marriage) and cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
She further alleged that her husband:
• Failed to perform sexual intercourse during the wedding night and on their honeymoon trips to Kerala (2013) and Kashmir (2014).
• Abandoned her in the USA in 2018, where they had shifted after marriage.
• Was medically diagnosed in 2017 as “unfit for marital life,” leaving her with no possibility of having children.
The wife sought nullity of marriage, divorce on the grounds of cruelty, and permanent alimony of ₹90 lakh.
The husband strongly denied the allegations. He asserted that:
• The marriage was consummated and the couple had sexual relations on multiple occasions, including during both honeymoons.
• His erectile dysfunction was temporary, for which he received treatment. Medical reports confirmed his recovery.
• He produced a potency test report (April 15, 2021), which confirmed his capability to perform marital obligations.
• He submitted medical records confirming normospermia (normal sperm count).
• During a medical consultation, the wife herself had acknowledged that he was able to perform normally after treatment.
The High Court found serious inconsistencies in the wife’s version of events.
1. No Complaints Made to Family:
The bench noted that if the husband was truly impotent and incapable of sexual intercourse, the wife would have immediately informed her parents or in-laws. Instead, she chose to travel and live with him in the USA in 2015 on a dependent visa.
“If really the marriage has not been consummated owing to the impotency of the respondent on the date of marriage, honeymoon to Kerala and Kashmir, definitely the appellant would have informed her parents or to her in-laws,” the Court remarked.
2. Pre-Marital Relationship:
The court highlighted that the couple had known each other since 2007, were in a relationship from 2008–2010, and rekindled their bond in 2012, eventually marrying in 2013. Given this history, the allegation of fraud was found unsustainable.
3. Lack of Independent Evidence:
Beyond her own testimony, the wife failed to produce independent witnesses or medical proof supporting her allegations. In contrast, the respondent produced medical reports and clinical records affirming his potency.
The bench concluded that the wife’s claims were unsubstantiated and contradicted by her conduct and the medical evidence on record.
“The appellant has not made out any case to annul her marriage on the ground that the respondent is impotent, not capable of performing sex, or that she underwent harassment in his hands. She also failed to prove entitlement for permanent alimony of ₹90,00,000/-. We are not inclined to interfere with the judgment of the Trial Court,” the Court held.
Accordingly, the appeal was dismissed, and the trial court’s order was upheld.
Case Title: X v. Y
IA.No.1 of 2025 in Family Court Appeal No.195 of 2024
