After considering the case, the Court noted that the complications in the parties’ lives arose because of the sterility of the husband, which in the lay language was being termed as ‘impotency’.
The Court observed that the wife had also levelled allegations of dowry harassment but there was nothing to corroborate the allegations.
“The only inference from the conduct of the respondent [wife] that can be inferred is that she detached herself from the appellant, on account of his incapacity and decided to leave him and snapped their matrimonial relationship. Such withdrawal of the respondent from the matrimonial relationship unilaterally without any reason or basis thereby depriving the appellant of conjugal bliss, since October 2013 till date, can only be inferred as an act of cruelty,” the Court said.
It, therefore, set aside the family court order and granted divorce to the husband.
“We, on the appreciation of the entire evidence as led by the parties, are compelled to conclude that the appellant had been subjected to cruelty. Accordingly, the impugned Judgment dated 28.07.2021 dismissing the Divorce Petition, is hereby set-aside and the divorce is granted to the appellant on the ground of cruelty under Section 13 (1) (ia) of the Hindu Marriage Act,1955.”
Source: Barandbench
