Wife Openly Humiliating Husband, Calling Him Impotent Amounts To Mental Cruelty: Delhi High Court

The Delhi High Court has said that being openly humiliated and called impotent by the wife in front of family members is an act of humiliation causing mental cruelty to the husband.

A division bench comprising Justice Suresh Kumar Kait and Justice Neena Bansal Krishna made the observation while granting divorce to a husband on the grounds of cruelty by the wife under Section 13 (1) (ia) of the Hindu Marriage Act,1955.

“…..we conclude that the to be openly humiliated and being called as impotent by his wife, in front of others and for the respondent (wife) to discuss their sexual life in the presence of family members, can only be termed as an act of humiliation causing mental cruelty to the appellant (husband),” the court said.

The husband filed an appeal against a family court order dismissing his divorce petition. The couple got married in 2011. He alleged that the wife had an irritable temper and foul tongue and would pick up fights on trivial matters.

It was his case that despite having undergone IFV procedure twice, the couple was unable to beget a child due to which matrimonial differences surfaced in their lives. He alleged that the wife constantly humiliated him by calling him impotent in front of his family members.

Allowing the appeal, the bench said that the public humiliation which the husband suffered by the knowing or unknowing acts of the wife in terming him impotent while it was a medical condition of sterility could not be overlooked.

Furthermore, the bench observed that the wife's admissions were not able to show that the husband had ever disregarded her or failed to discharge his matrimonial obligations.

“We, on the appreciation of the entire evidence as led by the parties, are compelled to conclude that the appellant had been subjected to cruelty. Accordingly, the impugned Judgment dated 28.07.2021 dismissing the Divorce Petition, is hereby set-aside and the divorce is granted to the appellant on the ground of cruelty under Section 13 (1) (ia) of the Hindu Marriage Act,1955,” the court said.

Title: X v. Y

Citation: 2024 LiveLaw (Del) 356

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