Bombay High Court | Bombay High Court declares marriage invalid due to couple’s relative impotence dgtl

The court granted the couple a divorce on the grounds of the husband’s ‘relative physical disability’. The couple approached the court seeking permission for legal separation. Their appeal to the family court was dismissed. After that, the couple approached the Bombay High Court challenging the order. Their application has been approved there.

The Aurangabad bench of the Bombay High Court said the couple’s frustration due to the husband’s ‘relative physical disability’ cannot be ignored. That problem is suffering the couple physically and mentally. So there is no need for this marriage to last.

But what is ‘relative physical disability’? When one is able to engage in sexual intercourse but is unable to have intercourse with one’s spouse, the problem is called ‘relative physical impotence’. In this case, the 27-year-old man could not have physical relations with his wife. Because of that, the peace of the marital relationship of the couple is disturbed.

A Division Bench of Justice Bibha Kankanwadi and Justice SG Chapalgaonkar of the Bombay High Court observed, ‘Relative physical disability’ is very different from ordinary physical disability. There can be multiple physical and psychological reasons behind this type of problem. In this case, there is no doubt about the inability of the young man towards his wife. That’s why there is a problem in their marriage. This problem cannot be ignored.

The court further observed that the young man was initially reluctant to admit his disability to his wife. Because of that, he blamed his wife for the imperfection in the marriage. However, the young man later admitted his mistake to the court.

The couple got married in March 2023. They separated after 17 days. The woman claimed that her husband refused to have physical relations with her. The woman sought separation citing this reason in the family court. The Bombay High Court finally allowed his plea.