Impotency

Sudhakar (Querist) 18 September 2014 This query is : Resolved
Respected Experts...

I got married on Oct'15, 2010 and my wife left the matrimonial life within 15days of the marriage, stating verbally that she is not interested in matrimonial life, all those 15days the marriage was not consummated.

After serveral meetings with her, I got issued a legal notice to her to come and join back matrimonial life but no response from her side.

I have filed under Hindu Marriage Act u/s 12 1(a) stating that my wife is impotent.

Now my question is,

I came to know that As per legal definition and doctors sayed meaning of , Impotence may be considered as incurable, curable, temporary or accidental.

Now please suggest me, by the above statement can i write down in Evidence Affidavit as " she may be suffering curable or temporary impotence at the time of 15 days when she stayed with me and never returned back till date since october 30, 2010"

My opinion is that when I went through Sec. 12 1(a) I havent read any kind of meaning that it should be only permenant impotence.

So please suggest me that whether can i go in Evidence Affidavit that she may be suffered curable or temporary impotence at time of 15days where she refused me to cohabitate.

Awaiting For your Favourable reply

Thanking you

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ajay sethi (Expert) 18 September 2014
refusal to have sex is not impotency . since you have engaged a lawyer let him do the drafting

Rajendra K Goyal (Expert) 18 September 2014
You seem to have taken wrong grounds. Refusal to have sex in not impotency.

R.K Nanda (Expert) 18 September 2014
first get her medically examined by doctors of govt. hospital about her impotency and only then file evidence affidavit.