Impotence claims must be substantiated by credible evidence; absence of corroborating testimony and medical records led to dismissal of divorce appeal under Hindu Marriage Act.

JUDGMENT:

(per Justice B.R. Madhusudhan Rao)

1. The present Appeal is filed by the appellant/petitioner aggrieved by the order passed by the learned Judge, Family Court, Ranga Reddy District at L.B. Nagar in FCOP.No.2536 of 2018, dated 28.05.2024.

2.1. Appellant is the petitioner/wife and the respondent is the husband. The case of the appellant is that her marriage with the respondent was performed on 11.12.2013 at APSRTC Kalyanamandapam, Baghlingampally, Hyderabad, on the same day the respondent failed to perform sexual intercourse. On 13.12.2013, they left for Honeymoon to Kerala, unfortunately during the 9 days trip, there was no sexual intercourse between them since the respondent is having erectile dysfunction. Respondent did not attempt to participate in the sexual intercourse with the petitioner. Appellant and the respondent went for second Honeymoon for 15 days to Kashmir, there also the respondent could not perform sexual activities.

2.2. Appellant has joined the respondent in USA in the month of March, 2015. Appellant came to know that erection deficiency is not cured and surgery is also failed. In the month of April, 2015, appellant and respondent approached the Hospital but the Doctors opined that nothing could be done. Lab Report show that there is extremely low level of Follicle Stimulating Harmone (FSH) and Testosterone.

2.3. Respondent has suffered a lot because of the pain and pus of the lumps grown near to testicles and the appellant has served the respondent like that of his mother during her stay with him between March, 2015 to 2018. In the year 2017, after verifying all the reports and the investigations done by the Doctors, it is confirmed that the respondent is not fit for marital life and there is no possibility of having children. Respondent left USA in the year 2018 by leaving the appellant there at. Appellant suffered unbearable torture because of the incidents and she became helpless and lost her health, life, money and facing trauma. Respondent is not performing sexual intercourse due to erectile dysfunction and prayed to grant divorce on the ground of nullity of marriage, cruelty and permanent alimony of Rs.90 Lakhs.

3.1. Respondent filed his counter and contended that he knows the appellant from November, 2007 when they joined in Cognizant as employees, both are in relationship from July, 2008. Appellant used to visit the respondent’s house between April, 2010 to December, 2010 for physical intimacy. Parties have called off their relationship in the month of December, 2010 and continued as Friends. Relationship was again rekindled after the respondent moved to America in the month of March, 2012. Thereafter, marriage proposals have taken place. Respondent came down to India on 07.05.2013 to fix the marriage.

3.2. The marriage is a love marriage. The appellant was planning to leave Sales Force company in which she was working from June, 2010 and she had shares of that company at Etrade USA Brokerage Firm, since she was planning to leave the company, sold the shares and asked the respondent to hold the shares money in his Bank of America Account. Amount transfered to the respondent Bank is $ 31464.41 USD from Etrade Bank on 11.03.2013. Out of the said amount, the respondent has transferred $ 18600 to his E-trade Account. The respondent has sent different amounts to the appellant. In total the respondent has transferred Rs.28,71,067/- between April, 2013 to December, 2014 which are made to the appellant’s ICICI Bank Account.

3.3. After successful first night, they have participated in Vratham and left to Honeymoon on 13.12.2013. They had sex in Munnar, Thekkady, Kumarakgoam Water Resort for two times. After returning from the Honeymoon, they stayed at appellant house where they had sex. There was no issue with the respondent in participating in sexual activities.

3.4. Respondent came down to India in June, 2014 for petitioner’s birthday and