The act of the wife calling the husband "sexually incompetent" would amount to cruelty within the meaning of Section 13 (1) (ia) of the Hindu Marriage Act

Susarla Subrahmanya Sastry vs Smt S Padmakshi

Andhra Pradesh HC

28/04/2005

Civil Miscellaneous Appeal No.3155 of 2002

About/from the judgment:

The word impotence is obsolete. Previously it was used as a blanket term to denote that male is not sexually fit. Now, the word impotence is no more used. Today, scientifically accepted term is ERECTILE DYSFUNCTION, which means inability to get erection/or inability to perform sexual intercourse". At the same time, in view of the evidence of R.W.3Dr. Y.Savitha Devi, that the hymen of the respondentwife is intact, it is also necessary to know whether " intact hymen" is a proof of virginity or not. In fact, according to Modi's Medical Jurisprudence, intact hymen is not a proof of virginity. Presence of unruptured hymen is a presumption but not absolute proof of virginity, because in some women the hymen is very elastic and stretches without any rupture. Hence, it is difficult to establish the virginity in such situation. In the light of the definition "Erectile Dysfunction", it is necessary to refer to the medical evidence as well as the certificates issued by the doctors.

 

In the result, we hold that the finding of the Court below that the appellant is suffering from Erectile Dysfunction and unable to perform sexual intercourse is not correct and consequently we set aside the declaration of the Court below that the marriage between the spouses is null and void. However, in view of our finding that the acts of the respondent calling the appellant "sexually incompetent" would amount to cruelty within the meaning of Section 13 (1) (ia) of the Hindu Marriage Act, 1955, we hereby dissolve the marriage between the appellant and respondent taken place on 5.5.1999. Accordingly, the Civil Miscellaneous Appeal is allowed.

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