Allegations About Manhood, Forcing Husband To Take Impotency Test Is Mental Cruelty: Delhi HC

The court noted that making reckless, defamatory, humiliating, and unsubstantiated allegations that publicly tarnish the spouse's image is an act of extreme cruelty.

Delhi HC says wife's allegations about husband's manhood amounts to mental cruelty.

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The Delhi High Court has observed that a wife's allegations about her husband's 'manhood' can be mentally traumatic and depressing as well as contribute to mental cruelty, reported news agency IANS. A division bench of Justices Suresh Kumar Kait and Neena Bansal Krishna stated that forcing a husband to undergo an impotency test and accusing him of making dowry demands, extramarital affairs, and labelling him a womaniser is sufficient to cause mental agony and trauma, the report added.

"The admissions of the appellant (wife) establish that the respondent was made to undergo the impotency test in which he was found to be fit. Clearly, such averments and allegations about the manhood of a person would not only be depressive but also mentally traumatic for any person to accept," the Court observed, according to the order.

The court noted that making reckless, defamatory, humiliating, and unsubstantiated allegations that publicly tarnish the spouse's image is an act of extreme cruelty, the news agency reported.

"Unfortunately, here is a case where the husband himself is being publicly harassed, humiliated and verbally-attacked by his wife, who had gone to the extent of levelling allegations of infidelity during his office meetings in front of all his office staff/guests. She even took to harassing the woman workers of his office and left no stone unturned to portray him as a womanizer in the office. This behaviour is but an act of extreme cruelty to the respondent/husband," the Court held, as per the order.

The couple had gotten married in 2000 and have a son, However, disputes arose between them from the beginning. The husband alleged that the wife made false accusations, including dowry demands, extramarital affairs, and impotence. When the matter reached family court, the husband was granted divorces on grounds of cruelty, but his wife challenged the same in the Delhi HC.

The judgement came in response to the appeal the woman filed. 

The court found that the husband was subjected to acts of cruelty, entitling him to divorce under Section 13(1)(ia) of the Hindu Marriage Act. The order stressed the impact of such allegations on mental well-being and denounced public harassment and humiliation within a marriage. It also observed that in her cross-examination, the woman had admitted that her husband used to provide everything to her and the child and that he never made any dowry demands.