Authored By: Nayanjot Singh
INTRODUCTION
Since the evolution of the human race, it has been well discovered the process of sexual intercourse is a basic human need for an individual’s mental and physical well-being and most importantly for us, humans to exist as a species. The concept of marriage upholds a similar notion of sexual intimacy between the partners, wherein it is desirable for both of them to be equally compatible and actively participating. Consummation of marriage is the first sexual interaction between the partners post-marriage. If there arises a situation wherein either of the partners is incapable or impotent resulting in infertility, the marriage might get dissolved or even nulled. There have been several instances and cases regarding the same, instead, the courts came forward with various landmark judgments and have relied upon the Hindu Marriage Act 1955 that guides and regulates the provisions relating to impotence in marriage.
IMPOTENCE
Impotence is discussed as a ground for divorce under section 12(1) of the Hindu Marriage Act 1955. Impotence is an incapacity or incapability of an individual to perform the natural sexual act and ultimately consummate the marriage.
The Supreme Court of India in Yuvraj Digvijay Singh v. Yuvrani Pratap Kumar (1969) stated that impotence can be both physical and mental and a party is impotent if his or her mental or physical condition makes consummation of marriage a practical impossibility.
Mental impotence refers to a psychological condition in which an individual is unable to engage in sexual activity due to nervousness, anxiety, performance issues, or similar reasons.
Physical impotency refers to the situation wherein an individual suffers from a structural or physical deformity making it incompetent for the individual to perform a sexual act. For example- a male has the problem of erectile dysfunction or premature ejaculation that contributes to impotency whereas a woman has a prosthetic vagina or a comparatively small vagina or any other physical deformity. It is medically proven and discovered that in the majority of cases, the impotency is not eternal and can be cured with the help of proper medication along with psychological and emotional support from the partner
THE ASPECT OF CRUELTY
Under the light of the same, there can be dual aspects. One is where either of the partners in the marriage is impotent, this would certainly amount to mental cruelty upon the other. For instance, let us take an example where it is medically proven that the husband is impotent and incapable to consummate the marriage, this would leave a drastic impact on the mental health of his wife and result in a state of trauma or depression.
On the other side, if there is a case where the impotency is not medically proven and there is merely an allegation by either of the partners, this would amount to cruelty on the part of that individual. For example where the wife alleges the husband to be impotent which is denied thereupon by the husband and is not medically proven, amounts to cruelty upon the husband by his wife. Taking the husband to the courtroom, alleging him in public of being impotent without any evidence, amounts to cruelty against the husband. It was held by the Kerala High Court that making a false accusation of impotency by a spouse in matrimonial proceedings amounts to cruelty. [1]
To prove that one is impotent and unable to consummate the marriage the presentation of medical reports from a qualified professional is a must. The burden of proof resides upon the petitioner as to prove his accusation. Since mere allegations unaccompanied by evidence can not be considered appropriate and reliable in the eyes of the law.
CASE LAWS
Susarla Subhramanya Sastry vs S. Padmakshi (2005)
The husband’s proven sexual incompetence and cruelty are the grounds upon which the courts granted annulment. This was but a drop in the ocean; under the Hindu Marriage Act of 1955, the courts have annulled many other marriages on the grounds of sexual impotence under Section 12(1)(a) and mental cruelty due to the impotence of one spouse under Section 13(1)(a).” [2]
Saurabh Jain v. Neha Jain (2024)
The Division Bench of Suresh Kumar Kait and Neena Bansal Krishna, JJ., concluded that “to be openly humiliated and being called as impotent by respondent-wife, in front of others and for the respondent to discuss their sexual life in the presence of family members, could only be termed as an act of humiliation causing mental cruelty to the appellant”. The Court thus granted divorce to the appellant on the ground of cruelty under Section 13(1) (a) of the Hindu Marriage Act 1955. [3]
Jasbir Kaur vs Kuljit Singh on 27 August, 2009
The Punjab and Haryana High Court addressed the issue of impotency as a ground for divorce. The case involved a wife seeking divorce from her husband on the grounds of impotency and cruelty.
The court examined the evidence presented by both parties and observed that the husband had failed to consummate the marriage due to impotency. It was also noted that the husband had subjected the wife to mental and physical cruelty, which further justified her plea for divorce.
Ultimately, the court granted the wife’s petition for divorce, citing impotency and cruelty as valid grounds under Section 13(1) (ia) and Section 13(1) (ib) of the Hindu Marriage Act, 1955. [4]
Irfana Nasreen v. The State (2022)
(Failure To Disclose Impotency Before Marriage)
According to the petitioner, it was after marriage that she came to know that the husband was impotent and that his first marriage failed due to his impotency. The husband and his family had cheated the petitioner by not disclosing the entire facts. [5]
CONCLUSION
One can not be blamed or held liable for being impotent, except as otherwise, the person tries to conceal such facts on the account of marriage amounting to an offence. In the case where either of the partners is impotent i.e. unable to consummate the marriage naturally, the spouse has the right to null the marriage and get it dissolved legally and rightfully. There must be presentment of legitimate evidence which includes the medical test reports that ascertain the accusations raised by the spouse. Impotence being a medical issue can be cured in some cases, under the right advice and guidance of a medical expert alongside the support of the partner. One can overcome the hitch and guide his/her way through a happy and prosperous life.
