Proof of impotence on marraige annulment

Guest (Querist) 02 October 2014 This query is : Resolved
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ROHIT SHARMA (Expert) 02 October 2014
Dear Mr. Hareshwara Babu,

1. 1. In case you appear before the court and give a counter written statement and in that you do make such admission confessing that you do indeed have such problems then in that case upon such admission before the court, the judgement can be given on such count and the marriage can be annulled. You will not be forced by the court to undergo any medical test since you will not be contesting the grounds of her petition.

2. By agreeing to the issues made by your wife in her petition it will be deemed that you are not contesting such issues . The ground of impotency is not criminal and hence it cannot be called as a charge. It is an issue to be framed by the court and resolve it.

3. If you receive the summons and then do not appear before the court right from the first hearing date then the petitioner will pray to the court to try the matter ex-partee i.e. in absence of the respondent and the court will then start with the trial and record the oral deposition of the petitioner and in that she can give her oral testimony of how the marriage was not consummated and the court will rely on her oral testimony and since the matter is being tried ex-partee the need for cross examination would be dispensed with by the court and the court will award the requisite decree.

4. The best way is to remain absent right from the first date of hearing. Although you must take the summons which will be returned as served and since you will not be attending the right from the first date of hearing and would not be filing any written statement then the court will deem it fit to try the matter ex-partee and as described above the court will dispose the case.

Guest (Querist) 02 October 2014
Requesting experts to offer their inputs in continuation to the useful insights offered by Mr.Sharmaji....Thanks

adv. rajeev ( rajoo ) (Expert) 02 October 2014
If you agreed the contents of the petition filed by your wife, court will pass the judgement and decree on your admission. You need not to go for expert opinion.

Rajendra K Goyal (Expert) 02 October 2014
If you agree for the divorce, without the fact of mentioning impotency, try to have mutual consent divorce.

otherwise , let it go ex-party.

Dr V. Nageswara Rao (Expert) 02 October 2014
1. Pleading the ground of impotence in annulment case is, no doubt, not a criminal charge.
2. But, if your wife is revengeful that you ruined her life and that you have suppressed the fact of impotency in getting married,she may file a criminal charge of Cheating etc after the annulment case is over.
3. So, better avoid making any admissions regarding your impotency etc.
4. Best course is to enter into a compromise agreement for annulment that you will go ex parte and that the agreement settles all matters that are pending or that might arise in future.