Hma u/s 12(1)a
kashyap
(Querist) 16 April 2014
This query is : Resolved
Dear Senior
My wife is an impotent but i have no report
i had filled HMA u/s 12(1)a annulment of marriage today Magistrate asked three times to my wife to get her medical examine from any govt hospital she denied. whereas my petition ground is totally depend on medical report if she will not get her medical examine than how will i prove that she is an impotent.
Now is there any judgement that prove if she denies to get her medical examine on basis i can force to Magistrate to pass the divorce decree.
please send judgement related it
If is there any option please advise me what should i do in this situation.
Many Thank's
Innocent Victim
Devajyoti Barman
(Expert) 16 April 2014
Judgements are not supplied here.
If she is refusing to undergo the test then the court is bound to take adverse presumption which goes in your favour only.
kashyap
(Querist) 16 April 2014
Thank u sir
for giving valuable information Now i am feeling better.
But sir there is one problem today magistrate was saying to her lawyer get done settlement mutually i.e. i give her an amount so that she will get something magistrate speaking in her favour.
if i deny to give money to her than magistrate will not pass divorce decree.
Actually she had carried all jewellery as the time of absconded. these will be more than five lakh.
Devajyoti Barman
(Expert) 16 April 2014
You are not bound to settle amicably nor the judge is expected to refuse your prayer solely on this ground.
Your apprehension is purely misdirected.
kashyap
(Querist) 16 April 2014
sir
i am unable to understand how to get i divorce decree in this situation
how much time it will take to get divorce decree....can magistrate extend more time to harass me.
if magistrate harass me than can i approach High Court.
Devajyoti Barman
(Expert) 16 April 2014
judge alone can not delay the case. Respective lawyers are also equally responsible.
ajay sethi
(Expert) 17 April 2014
if wife refuses medical test adverse inference would be drawn . you cannot be forced to settle the case . draw attention of court to fact that she has already taken her streedhan
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 April 2014
Your entire line of action is wrong.
There is also no foolproof medical examination system for you to prove impotency related to a woman.
You have claimed voidable marriage so you have to pay alimony and life long maintenance.
That is why court is asking you for financial settlement.
Even she may not have asked now due to ignorance but it can be claimed at any time.
You should have asked for annulment for void marriage.
T. Kalaiselvan, Advocate
(Expert) 17 April 2014
I agree with the views expressed by Mr. advocate Defense. Whether she had taken back her streedhan or not, the maintenance aspect has to be cleared now itself so that it does not follows you in the future in the form of another torture. As far as her medical examination she has a right to refuse for subjecting herself to any such examination, however, inference can be drawn upon such refusal in your favor.
kashyap
(Querist) 19 April 2014
Dear All
Thank's a lot for giving information
please tell how much time it will take to pass the divorce decree.
because my respective lawyer says now magistrate will create evidence on basis of my statement as well as respondent thereby he will decide to pass divorce decree.
will it be further proceeding.
Regards
Kashyap
