If the man is unable to perform with his wife for relative impotence the marriage will be cancelled the court ruled.
The Bombay high court in its order said the expression ‘relative impotency’ is a known phenomenon and is different from the normal impotency, which means the inability to copulate in general.
Relative impotency broadly points to a situation where a person might be capable of having intercourse but incapable of performing it with the spouse.
The court said there could be various physical and mental causes for such relative impotency.
“In the present case, it can be easily gathered that the husband has relative impotency qua (towards) the wife. The reason for non-consummation of the marriage is this apparent relative impotency of the husband,” the HC said.
Hence the marriage is cancelled.
