The Gauhati High Court has modified a Family Court's divorce decree by removing the finding of cruelty against the wife and instead dissolving the marriage on the ground that it was never consummated because of the husband's admitted impotency. The Division Bench Justice Michael Zothankhuma and Justice Rajesh Mazumdar held that the Family Court should have granted relief under Section 12(1)(a) of the Hindu Marriage Act after the husband's own admission during the trial.
Background of the Case
The parties married on December 13, 2017, according to Hindu rites and customs. Later, the husband approached the Family Court seeking divorce on the grounds of cruelty and desertion under Section 13 of the Hindu Marriage Act.
The wife contested the petition and filed a counter-claim, stating that the marriage had never been consummated because the husband was impotent. Although mediation was attempted, it failed. The Family Court eventually granted divorce only on the ground of cruelty while rejecting both the allegation of desertion and the wife's plea regarding non-consummation of marriage. The wife challenged that decision before the High Court.
Court's Observation
During the appeal, the Bench examined an order passed by the Family Court on June 13, 2024. That order recorded that the husband had accepted he was impotent while opposing a request for a medical examination.
The High Court noted that the husband did not dispute the wife's stand that the marriage had remained unconsummated because of his condition. The Bench also recorded that the husband's counsel had no objection to dissolving the marriage on that ground and accepted that cruelty against the wife had not been established.
Referring to these circumstances, the court observed,
"The respondent husband had admitted that he was impotent."
It further held,
"The marriage between the parties stand dissolved, on the ground of non-consummation of marriage due to the impotence of the husband."
Decision
Allowing the appeal, the Gauhati High Court set aside the Family Court's finding that the wife had treated the husband with cruelty. Instead, it directed that a fresh decree be issued under Section 12(1)(a) of the Hindu Marriage Act, dissolving the marriage on the ground that it had not been consummated because of the husband's impotency.
The appeal was accordingly allowed.
Case Details
Case Title: Smtpapiya Saha Roy v. Sri Amit Vikram Roy
Case Number: Mat. App. No. 31/2026
Judges: Justice Michael Zothankhuma and Justice Rajesh Mazumdar
Decision Date: 25 June 2026
