HC: Can't say husband impotent without proof

 A division bench of the HC comprising Justices Jayant Patel and Abhilasha Kumari has set aside the grounds for a verdict passed by a family court vis-à-vis a divorce petition. In the case involving an earthquake victim husband and his wife, the family court had granted divorce on the grounds of impotency and consequent ‘cruelty’.

Rejecting a family court ruling that granted divorce to a couple on the ground of impotency, the HC, however, upheld the family court order of divorce between the same couple on grounds of desertion and cruelty. Rajendra Dalal had challenged the family court’s order granting divorce to his wife Dharmishta on the ground of impotency and cruelty. It said the decree of dissolution of marriage has been passed by the family court under provisions of Section 13(1) of the Hindu Marriage Act, on ground of cruelty and desertion and not under Section 12 (impotency).

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