Levelling false allegation of impotence against a spouse amounts to cruelty, the Delhi High Court has held while upholding the divorce granted to a man, whose estranged wife had claimed that he was incapable of sexual intercourse. The high court agreed with the submission of the husband's counsel that the allegations levelled in the written statement filed by the wife were "grave and serious", and likely to impact the man's self-image and adversely affect his mental wellbeing.

The high court's verdict came while dismissing the woman's appeal against a trial court order granting the husband's petition for grant of divorce under the Hindu Marriage Act.

The high court said the woman's allegation was rejected by the trial court on the basis of the testimony of an expert witness who after physically examining the man had found that he was normal with no problem of impotence. It said mental cruelty is primarily contextual, pertaining to human behaviour or conduct with respect to matrimonial duties and obligations and it is essential to see whether the conduct of the party is of such a nature, that a reasonable person would neither tolerate the same, nor be reasonably expected to live with the other party.

The high court noted that the woman had been reinforcing the allegation of impotency throughout the litigation and these false accusations which could not be proved are bound to cause deep hurt and anguish to the man, who can reasonably apprehend that it would be perilous for him to live with her.

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