Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
Search On:Laws in IndiaLawyers Search

Author Topic: Can divorce decree be granted if husband becomes impotent  (Read 2790 times)

0 Members and 1 Guest are viewing this topic.

debolina

  • Guest
Can divorce decree be granted if husband becomes impotent
« on: February 09, 2012, 06:40:29 AM »
Can divorce decree be granted if husband becomes impotent after few years of marriage?

Offline tapsash

  • Jr. Legal Expert
  • **
  • Posts: 50
  • Karma: +2/-0
  • Divorce law Expert
    • View Profile
    • Divorce lawyer
Re: Can divorce decree be granted if husband becomes impotent
« Reply #1 on: February 09, 2012, 06:46:10 AM »
Section 13(1) (IA) of Hindu Marriage Act 1955 provides that any marriage solemnized Whether before or
after the commencement of the Act, may on petition presented by either husband or the wife he dissolved
by decree of divorce on the ground that the other party has after the solemnization of marriage, treated
the petitioner with cruelty.

Term 'cruelty' has not been defined in the Act. Cruelty in matrimonial law may be of infinite variety. It
can be Subtle or brutal Level concept of cruelty had varied from time to time as social and economic
conditions changes 'Cruelty' under matrimonial law may be physical as well as mental cruelty.

Persistent refusal to have marital intercourse or impotency of husband, amount to cruelty. In Rita
v.Balkishan Nijhawan AIR 1973 Del. 200 Delhi High Court observed" the law is well settled that if either
of the parties to marriage being healthy physical capacity refuses to have sexual intercourse the same
would amount to cruelty entitling other to a decree. In our view it would make no difference in law
whether denial of inter course is result of sexual weakness of respondent disabling him from having
sexual union with the appellant or it is because of any willful refusal by respondent.

This view was confirmed by Supreme Court in Siraj Mohd Khan v. Hajizu Nissa AIR 1981 SC 1972 Therefore, a
wife is entitled to decree of divorce on the ground that her husband has become impotent and is unable to
have marital inter course with her. "Impotency" of any party to marriage if exists, at the time of
marriage the aggrieved party is then entitled to decree of nullity of marriage under Section 12 of the
Act..
Family law Expert
Contact me at ph no: 9873628941
Webpage: Divorce in India

 

File a Consumer Complaint
Pre Nuptials Agreement
 

Lawyers in India Mumbai
Bangalore
Pune
Pondicherry
Jaipur
Chennai
Allahabad
Ahmedabad
Jodhpur
Indore
Cochin
Lucknow
Ranchi
Thane
Janjgir
Delhi - New Delhi
Chandigarh
Surat
Nashik
Kolkata
Hyderabad
Rajkot
Nagpur

Copyright Registration
Ph no: 9891244487

For Mutual consent Divorce in Delhi - Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service India.com is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2013
Get Free legal Advice here from top notch lawyers in India