Can't say husband impotent without proof: Guj HC

Can't say husband impotent without proof: Guj HC

Ahmedabad, August 25:  Gujarat High court hearing a divorce case has rejected the family court ruling granting divorce to a couple on the ground of impotency.

However, the high court upheld the family court order of divorce between the same couple on grounds of desertion and cruelty.

One Rajendra Dalal had challenged a family court's order granting divorce to his wife Dharmishta on the ground of impotency and cruelty, in the Gujarat High Court.

A division bench of Justice Jayant Patel and Abhilasha Kumari, last week, rejected the man's appeal, saying that the petition was devoid of merits.

The court, however, observed that there was no conclusive evidence to prove that the man was impotent or the marriage was not consummated. "The finding of the Family Court on this point, therefore, cannot be endorsed," it observed.

It said that the decree of dissolution of marriage has been passed by the Family Court under the provisions of Section 13(1) of the Hindu Marriage Act, on the ground of cruelty and desertion and not under Section 12 (impotency).

Also, the Family Court, while granting divorce had recorded cogent findings on the ground of desertion and cruelty against the man, the court added.

(with PTI inputs)

http://www.zopag.com/news/cant-say-husband-impotent-without-proof-guj-hc/25786.html

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HC: Can’t say husband impotent without proof

Ahmedabad, August 25, PTI:

The Gujarat High Court has observed that specific medical proof was required to determine whether a husband was impotent or his marriage cannot be consummated when a wife seeks divorce on this count.

A division bench of the HC comprising Justices Jayant Patel and Abhilasha Kumari has set aside the grounds for a verdict passed by a family court vis-à-vis a divorce petition. In the case involving an earthquake victim husband and his wife, the family court had granted divorce on the grounds of impotency and consequent ‘cruelty’.

Rejecting a family court ruling that granted divorce to a couple on the ground of impotency, the HC, however, upheld the family court order of divorce between the same couple on grounds of desertion and cruelty. Rajendra Dalal had challenged the family court’s order granting divorce to his wife Dharmishta on the ground of impotency and cruelty. It said the decree of dissolution of marriage has been passed by the family court under provisions of Section 13(1) of the Hindu Marriage Act, on ground of cruelty and desertion and not under Section 12 (impotency).

http://www.deccanherald.com/content/91446/hc-cant-say-husband-impotent.html