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False allegation of sexual incapacity of spouse amounts to mental torture, rules Kerala High Court

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India Legal
False allegation of sexual incapacity of spouse amounts to mental torture, rules Kerala High Court

The Kerala High Court’s division bench of Justices A. Muhamed Mustaque and Kauser Edappagath has held that a false allegation of impotency or erectile dysfunction amounts to mental cruelty, hence, is a valid ground for dissolution of marriage.

According to the order, the appellant and the respondents – husband and wife – initiated legal proceedings against each other. The husband filed the case for dissolution of marriage and wife filed the case for restitution of conjugal rights in the trial court. After trial, a lower court, by the impugned common order, dismissed the original petition filed by the husband and allowed the original petition filed by the wife granting her a decree for restitution of conjugal rights.

The husband challenged the order sought for a decree of nullity on the ground that his consent to the marriage was obtained by fraud perpetrated by the respondent in suppressing material facts regarding her mental condition under Section 18 and the proviso to Section 19 of the Divorce Act, 1869 and prayed that the marriage is dissolved on the grounds of incurable unsound mind and cruelty on the part of the respondent under Section 10(1) (iii) and 10(1) (x) of the act.

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