'Husband Not Proven Impotent': Telangana HC Dismisses Wife’s Divorce, Rs. 90 Lakh Alimony Plea
The Telangana High Court recently dismissed a woman’s appeal seeking annulment of her marriage and a permanent alimony of Rs. 90 lakh on grounds of her husband’s alleged impotency and cruelty. Court found no merit in her claims, holding that the medical and documentary evidence did not support her allegations.
A division bench of Justices Moushumi Bhattacharya and B.R. Madhusudhan Rao tabled the verdict in a family court appeal filed by the wife against the order of the Ranga Reddy Family Court, which had earlier dismissed her divorce petition.
The couple’s marriage took place on 11 December 2013 in Hyderabad. According to wife, the marriage was never consummated as her husband was suffering from erectile dysfunction. She claimed repeated failed attempts during their honeymoon trips to Kerala and Kashmir, and further alleged that medical consultations in the United States confirmed his condition as incurable. The wife contended that her husband had concealed his health problems before marriage, causing her immense mental agony and trauma. On these grounds, she sought nullification of the marriage, divorce, and a permanent alimony of Rs. 90 lakh.
The husband, however, strongly denied the allegations. He asserted that their marriage was consummated and that they had normal sexual relations during their trips. He admitted to having experienced temporary erectile difficulties but argued that medication prescribed by a urologist helped him overcome them. He also highlighted that the wife had received more than Rs. 28.7 lakh from him during their relationship and that he supported her financially during their stay in the US until he lost his job in 2018. The husband further contended that the wife was motivated by financial gain rather than marital discord.
The family court, after assessing the evidence, including medical records, dismissed the wife’s petition in May 2024. The court observed that she failed to establish the husband’s impotency or cruelty.
Challenging this decision before the High Court, the wife reiterated her claims and attempted to introduce additional documents, including summons from financial cases filed in the US against her husband.
The bench, however, rejected this attempt, noting that the documents were neither relevant to the matrimonial dispute nor filed with due diligence.
The High Court took note of the 2021 potency test conducted by Gandhi Hospital, which reported no evidence suggesting that the husband was incapable of performing sexual intercourse. The bench also pointed to earlier medical reports showing normal sperm count, undermining the wife’s assertions of non-consummation.
Court further noted that the wife continued to live with the husband in the US between 2015 and 2018 and did not promptly raise objections with her family or authorities if indeed the marriage had remained unconsummated. The delay in filing the petition, five years after the marriage, also weighed against her case.
“There are no merits in the Appeal, deserves no consideration and the same is liable to be dismissed and is accordingly dismissed,” the bench concluded.
Case Title: xxx vs yyy
Order Date: July 11, 2025
Bench: Justices Moushumi Bhattacharya and B.R. Madhusudhan Rao