Wife calling me impotent in front of the family members and also in front of her relatives. She openly talks about my impotency and my sexual behavior to her parents. It is very disgusting for me because I am not impotent. After ten years of marriage we are striving for a child. My wife has several medial problems in beget child, even after several medical treatments she unable to conceive. I have spent huge money on her treatment whereas in that process some tests and treatment was also given to me by the doctors. In that case, my wife with the intention to conceal her medical impotency she vigorously claiming me impotent. This is the only reason to which my wife calling me impotent. When I went to the marriage ceremony of her younger sister, she started the topic about my impotency. Because of which there was intense hard talk and ruckus was created. In this situation whether divorce is possible? I want divorce on the ground of cruelty.
Asked from: Madhya Pradesh
The primary allegation in your case is that your wife has repeatedly humiliated you by calling you impotent. However, you are medically proven to be potent, and it is due to a medical deficiency on your wife’s part that she has not been able to conceive a child. Discussing your sexual behavior with her parents also constitutes an act of humiliation by your wife, and this fact cannot be ignored. More importantly, such allegations have been made by your wife repeatedly and without justification.
To evaluate the truth of these allegations, any reasonable person would question how such an accusation could arise solely from the failure to conceive, especially when the husband is making every effort to provide the best possible medical treatment for his wife. When the husband is actively seeking medical solutions and the wife is unable to conceive due to her own medical or physical issues, such circumstances cannot be grounds for making derogatory and unfounded allegations.
In the case of Dr. N.G. Dastane v. Mrs. S. Dastane, (1975) 2 SCC 326, the Hon’ble Supreme Court explained that while determining whether misconduct amounts to cruelty, the applicable test is not what a reasonable person might consider cruel, but rather how the aggrieved spouse perceives the conduct in the context of the litigation.
If the wife discusses or reveals private or sexual details about her husband to her parents with the intent to humiliate him, such behavior is indeed distasteful and qualifies as cruelty. In Samar Ghosh v. Jaya Ghosh (2007) 5 SCC 511, the Supreme Court held that mental cruelty is a state of mind. A prolonged feeling of deep anguish, disappointment, and frustration caused by the conduct of one spouse may amount to mental cruelty suffered by the other.
Making vague and insincere statements—especially about the private affairs of a spouse—is intolerable, particularly when the wife discusses the husband’s sexual behavior in front of relatives and parents. Such acts clearly constitute mental cruelty and serve as valid grounds for divorce under Section 13(1)(ia) of the Hindu Marriage Act. For more legal help please visit Kanoon India.
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