Refusal for co-habitation

Querist : Anonymous (Querist) 01 May 2011 This query is : Resolved
Ld Counsels,

Wife deposed about the lack of interest and refusal for co-habitation. Will that be a proof for the allegation of impotency of the husband.

There is no specific averments on impotency except for the above statement regarding co-habitation.

Please clarify.

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Guest (Expert) 02 May 2011
Get medically tested and submit proof to the court against the allegation.

adv. rajeev ( rajoo ) (Expert) 02 May 2011
lack refusal and interest for co-habitation does not amounts to impotency, burden lies on her to prove the impotency.

N.K.Assumi (Expert) 02 May 2011
Lack of co-habitation and impotency are two distinct matters and both can amount to divorce if proved in the court. Co-habitation does not only mean s** but love and affection, companionship etc etc etc which makes the home, which we call it harmonious blending of two hearts into one sou, if it lacks that, it is simply two person under one roof in a house. In which case it can be a ground of divorce.

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