In a significant ruling, the Telangana High Court has dismissed a woman’s appeal seeking divorce and permanent alimony of ₹90 lakh, after holding that she failed to establish her allegations that her husband was impotent at the time of marriage and had concealed his medical condition.

A Division Bench of Justice Moushumi Bhattacharya and Justice B.R. Madhusudhan Rao upheld the trial court’s decision, observing that the wife could not substantiate her claims of fraud, non-consummation of marriage, and cruelty.

Background:

The couple married on 11 December 2013. The wife alleged that the marriage was never consummated, stating that her husband was unable to engage in sexual intercourse both on the wedding night and during their two honeymoons to Kerala in 2013 and Kashmir in 2014.

She claimed that her husband had hidden the fact that he suffered from Rheumatoid Arthritis, which had led to erectile dysfunction. According to her, this amounted to fraud under Section 12(1)(c) of the Hindu Marriage Act, 1955, and constituted cruelty under Section 13(1)(ia).

She further alleged that in 2017, medical evaluation confirmed her husband was unfit for marital life and incapable of having children. She also claimed that in 2018, while the couple was living in the USA, he abandoned her.

The Husband’s Stand

The husband denied the accusations and asserted that the marriage had indeed been consummated. He acknowledged facing temporary erectile dysfunction during the marriage but stated that after undergoing treatment, he was able to perform normally. His claim was supported by medical reports, including one confirming normospermia (normal sperm count).

He also pointed out that the wife herself had confirmed to doctors during consultations that he was capable of normal sexual activity. The husband further argued that the couple had shared intimacy on multiple occasions, including during their honeymoons.

Court’s Observations

The High Court carefully analyzed the record and noted inconsistencies in the wife’s claims. A particularly telling point, according to the Bench, was that the wife had never reported her husband’s alleged incapacity to either her parents or in-laws.

The judges observed:
“If really the marriage has not been consummated owing to the impotency of the respondent on the date of marriage, honeymoon to Kerala and Kashmir, definitely the appellant would have informed her parents or her in-laws.”

The Court further highlighted that the wife moved to the USA in 2015 on a dependent visa to live with her husband, which contradicted her allegations of non-consummation and fraud.

Another factor the Bench emphasized was the history of the couple’s relationship. The wife admitted to having known the husband since 2007, being in a relationship with him between 2008 and 2010, and reconnecting with him in 2012 before their eventual marriage. In this light, the Court found it implausible that the husband could have concealed such a material fact.

Importantly, the Court noted that apart from her own testimony, the wife did not produce any independent witnesses or corroborative evidence. On the other hand, medical documents, including a potency test report dated 15 April 2021, demonstrated that the husband was fit to perform marital obligations.

Verdict

Given the contradictions and absence of supporting evidence, the High Court concluded that the wife had failed to prove her husband’s alleged impotency or any grounds for annulment of marriage. It held that she could not, after five years of marriage, suddenly claim that the husband was impotent when medical reports and her own conduct suggested otherwise.

Accordingly, the appeal was dismissed, and the trial court’s order was affirmed.

Case Title: Smt. Harini Kanbham Keshava Moorthy vs. Sri. Prasanth Kumar Vatti ( IA.No.1 of 2025 in/and Family Court Appeal No.195 of 2024)