Having Problems Creating Sexual Relations With Your Partner? Know What Is Relative Impotency, Solutions From Experts

A report by PTI stated, “A division bench of justices Vibha Kankanwadi and S G Chapalgaonkar in the judgment on April 15 also noted that this was a fit case to help ‘young sufferers of marriage’ who could not connect with each other mentally, emotionally or physically.”

The court noted that the couple’s frustration and agony from this inability cannot be overlooked. It stated that initially, the husband blamed his wife for the non-consummation of their marriage as he did not want to admit his relative impotency towards her.

“However, subsequently, he candidly admitted the same, being satisfied with the fact that it would not put lifelong stigma on him. The relative impotency is somewhat different than the general notion of impotency and the acceptance of relative impotency would not brand him impotent in general parlance,” it added.

We asked our expert,Dr Rennie Joyy, founder, Aalekh Foundation some questions about the laws related to sexual dissatisfaction in India, relative impotence, to be precise. Scroll down to check out what we got to know.

How does the legal system define and recognise relative impotency, if at all?

Relative impotency in Indian marriage laws refers to the inability of one spouse to consummate the marriage due to physical or psychological reasons. According to Indian law, if one spouse is unable to fulfil their marital obligations, such as engaging in sexual intercourse, it may constitute grounds for annulment of the marriage. Relative impotency is recognised as a legal concept in cases where the inability to consummate the marriage affects the fundamental purpose of marriage. However, legal interpretations and procedures for addressing relative impotency may vary.

Are there any specific laws or regulations that address issues related to relative impotency?

In India, relative impotency is addressed under marriage laws. Grounds for an annulment due to impotency are stipulated in Section 12(1)(a) of the Hindu Marriage Act, 1955, and Section 25(1)(a) of the Special Marriage Act, 1954. Under Muslim personal law, impotency can lead to divorce (khula or fasakh). While no specific laws solely address relative impotency, these provisions allow spouses to seek annulment or divorce if one is unable to consummate the marriage due to physical or psychological reasons. Legal counsel is recommended for navigating individual cases under applicable laws.

Are there any legal precedents or landmark cases that have shaped the legal understanding of relative impotence?

• Harvinder Kaur v. Harmender Singh Choudhary: In this case, the Delhi High Court ruled that relative impotency, where a spouse is unable to engage in sexual intercourse due to physical or psychological reasons, can be grounds for seeking annulment of marriage under the Hindu Marriage Act, 1955. The court emphasised the need to establish the inability to consummate the marriage and the impact it had on the fundamental purpose of marriage.
• Samar Ghosh v. Jaya Ghosh: The Supreme Court of India held that impotency, whether absolute or relative, can be a valid ground for divorce. The court clarified that impotency need not be absolute and can include cases where a spouse is unable to engage in sexual intercourse with the other due to physical or psychological reasons.
• The Aurangabad Bench of the Bombay High Court recently annulled a couple's marriage due to relative impotence.

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What legal recourse do individuals have if they believe they have been unfairly treated or discriminated against due to their perceived relative impotence?

Individuals who believe they have been unfairly treated or discriminated against due to perceived relative impotency can seek legal recourse by consulting a family law attorney and filing a petition for annulment or divorce under relevant provisions of the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954. They can also explore options for mediation or alternative dispute resolution to resolve the matter amicably.

What role do legal advocacy groups or organisations play in addressing issues related to relative impotence?

Legal advocacy groups and organisations play a vital role in addressing issues related to relative impotency by offering legal assistance, raising awareness, and advocating for the rights of affected individuals. They provide support, facilitate access to legal resources, and may engage in litigation or advocacy efforts to challenge discriminatory practices. Additionally, these groups conduct research, publish reports, and collaborate with policymakers to push for legal reforms that enhance protections for individuals facing perceived relative impotency.

The case annulled by the Aurangabad Bench underscores the importance of legal recourse in addressing issues of relative impotency and sexual trauma. However, societal taboos continue to hinder open discussions on these matters. To foster a culture of empowerment and justice, it is imperative to challenge such taboos and advocate for greater awareness and support for individuals affected by relative impotency.

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