498A - applicability on mental cruelty.

No this will not be good to withdraw divorce by mutual consent case and lodge criminal complaint u/s 498a IPC. The misrepresentation about his impotency was condoned by you by various acts previously when you admitted his gifts in lieu of his misrepresentation. He was indulging in cruelty but still you preferred MCD rather lodging criminal complaint or divorce case on the ground of cruelty. You have been asked by him for artificial insemination for having child but you only refused. S498a complaint is for extreme cases of cruelty which are for dowry or money demand or acts of cruelty causing extreme injuries or forcing wife to commit suicide. In your case the husband has only misrepresented about his impotency and after 3 years of marriage you want to use this as main ground for this complaint which now cannot be good enough to hold him guilty with all subsequent acts done by you.

Thanks for ur reply. But What should i have done before? I feared for society's & relatives ill treatment if i come out since it is my second marriage. Thats why i lived with him. He was repeatedly telling that he was not aware of his problem before since his first wife was not cooperated with him s*xually. He told he will cure his problem by medically if i cooperate with him. we saw more than 5 drs. All drs. said it ll be cured in six months but no improvement in him till last. I was waiting upto 3 yrs. After that only he admitted he was well known his problem of impotency and compelled me to go for artificial treatment. Even when i refused to do , he gifted property. I was accepted it as a life security for me but not for substitute of his impotency. Sometimes i went for suicidal thoughts also bse of his problem. But now i realized much that i should have came out within few days of marraige without believing him and drs. And i should have been filed a cruelty complaint for divorce. I felt very bad for my long waiting hoping his treatment .

It is possible to get pregnancy by artificial insemination with the semen of an impotent person also. Why not you get a child of your own husband?  In the kind of situation in which you are, a child will be an asset. To divorce, then to marry again and get a child will be far drawn issue.

Thanks for ur reply. Suggested by this already by some drs. Actually,we (i &my parents) asked for premarital check up before marriage itself, that time he shown the report that his semen is normal. That time we were not aware of his impotency factor. But now , on enquiry his first wife said that he didn't have enough semen needed for artificial insemination and impotency also during first marriage. he might shown false report by doing some fraud like injecting or taking tablets before taking semen analysis. Bse in first marriage, her parents wants her to conceive by artificial method, but he was unable to do that time. I thought that he is confident of hospitals will do IVF successfully even though his semen is not good enough (hospitals generally do it for success rate- by injecting another person's semen when husband's is not good enough-we often heard it). Anyhow, im not clear with that. Twice i went for my treatment in half mind when people questioned about child but i discontinued due to non satisfactory mind. Moreover , i got married for want of loving and caring husband and then only im able to think of child as a result of our love. How i think of child when there is no love? For me child is not an asset but my gift to world, so i should be more responsible with his /her growing and future. He wants child to maintain his social prestige only not for our life. He never loved and respected me. If he loves me , how can he betrayed me like this? He did divorce in first marriage due to impotency but again he remarried me by suppressed the fact. He didn't even care for my feelings of love and trust in a marriage. How can i live with him lifelong? Finally, i lost all my hope & patience with him when he compelled me to go to artificial insemination by injecting others. In this situation, how can i go for a child for my safety without considering the child's future.So i didn't. First, i put impotency case in court then i changed to MCD, bse i heard that impotency case will take more than years . I don't think of remarriage now. But i don't have remedy for the mental agony formed by his betrayal

Me and my husband went for pre marital checkup in a reputed hospital before marriage. But i ever wonder why they did only semen analysis test and not impotency test? At that time i was not aware of impotency and semen analysis are different two test for men and what is the real impotency meaning. Based on the checkup only i got married. Generally what are the tests in pre marital check up? Why doesn't it include impotency test?

If semen analysis was done, it meant that semen could be obtained from his body, even if he were impotent. That is why I suggested that you get inseminated artificially with husband's own semen. Do not go by what you heard from his first wife etc. You make a fresh visit to a fertility clinic. Even if you divorce, having a child with you is a great advantage. 

Why did you and he went for pre marital impotency check up?

@ Dr.MPS RAMANI, Thanks for reply. Thanks for ur concern about me. As you said may be correct in one point of view. Already twice i went for IUI/IVF initial stage, i couldn't continue treatment due to my mental dissatisfaction bse of his cheating. If he might have told his problem of impotency before marriage, i might have accepted that and now proceed with baby treatment. But his betrayal brings me down in life and caused mental agony. I never carry his child as according to my mind set. I want trust and care rather than s*x. Now im having an idea to adopt a child after getting divorce. Otherwise, if god plannned for another marriage life for me, i ll go into it.

@R Trivedi, We went for check up named pre marital check up only, not for pre marital impotency check up. While searching alliance for second marriage, my friend advised me to go for pre marital check up for both as it is good for future life . This is the reason. But especially , when we enquired about him in his village, somebody doubted that his first marriage got divorced due to his problem of infertility. ( but villagers don't know difference b/w infertility and impotency since an educated, being a govt. servant, i didn't knew the terms and the difference before my issue) . While all other matters went ok for both of us, i asked him to go for pre marital check up for both. He accepted it and we went for.

@ramesh singh, Thanks for ur reply. I just asked my doubt of applicability of 498A in my case of mental cruelty caused by suppression of Impotency . I understood and i don't go by false allegations in any case.

If your husband & his family members demanded, forced and took dowry for marriage and you have some proofs (photographs, bank transactions of cash withdrawals during that time), then, "Dowry prohobition Act" case should be filed on your husband and his family members as it's more serious case than 498A.

he shall be punishable with imprisonment for a term which shall not be less than five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more

If police files chargesheet with 34 DPA on your husband and his family for this and you have proofs for that dowry, then you can win this case and send them to JAIL.

498A is applicable and sustainble for any physical and mental cruelty.

Supressing impotency and getting married is also cheating (Section 420 is applicable) as he spoiled your marriage life by causing lot of mental cruelty. 

I know a case where Impotent husband and his family members have been harassing the girl and girl's family for addittional dowry/sites/houses/salary etc etc (threaten to kill her & her family). It's quite shocking & unbelievable how come your impotent husband is nice with you by offering some benefits because their defect will make them sadists and psychos which is general human behaviour. He already spoiled 2 girls and after divorce, he will spoil some more girls and should not leave this kind of dangerous people in the society. Talk to some advocate and ensure that these kind of bad people are punished properly.

 

@Shanmukh, My husband many times asked for my salary that i refused to give and he asked to give the dowry amount which was deposited in my name by my father to close his housing loan, but there was no such big dowry allegations or any other since impotency played a crucial role there . Suppression of impotency and the silent mental cruelty caused due to that betrayal are the main issues.

@Bharathi, dowry amount is less or more is not important in the crime. Forcing/Demanding/Taking dowry is a CRIME. 34 DPA ACT is applicable and punishable for maximum of 5 years. If you have proofs for the same, then you can file a case for this. Court will surely send him and his family members to JAIL. I know the cases which are convicted for 3 yrs. It's better you talk to good advocate who can understand these issues and take decision accordingly.

If you simply take MCD, then who gives gurantee that you can get married again as you only told it was already 2nd marriage and failed due to his impotency/cheating, mental cruelty.

Why did impotent person marry a girl and spoil her life?

Who has given right to him & his family to spoil girl's life and girl's family?

Why should girl and her family have to face problems in the society for no mistake from her side?

Please note that you need to fight alot in the courts as other side will try to drag the matter for years and years because he is impotent and don't have any life in the future. You need to have lot of patience to send these dangerous people to JAILING.

It's a mental murder to the girl and girl's family. 

We have already decided to fight in the courts to punish impotent sadistic husband and his entire sadistic family to send for JAILING till Supreme court (if he manages the lower courts also). We don't leave these mental murders till we get justice. We know it takes years and years, but thats how Indian Law system is. If we really fight for JUSTICE with GENIUNITY, SURELY JUSTICE WILL COME oneday though it takes another 10 years also. We don't have any other goal in our lifes than punishing them as they spoiled our lifes completely. We are going to file defamation (spoiled girl image, girl family image in the society), cheating case (knowingly done by him and his family) and signature forgeries in the court matter itself which is big crime also. These dangerous sadists/impotents/psychos should not be escaped as we have all the evidences to prove in the court. We are ready to fight in the courts for next 10-20 years also. Thats's how we decided and filed just few cases on them.

So, It's upto YOU to take correct decision and the path accordingly.

PUNISH BAD PEOPLE (OR) IGNORE THEM TO ALLOW FOR SPOILING SOME OTHER GIRLS !!

WE CHOSE AND DECIDED "PUNISH THESE BAD PEOPLE IN THE SOCIETY" TO STOP SPOILING SOME OTHER GIRLS !!

@Ramesh Singh, Impotents should not marry the girl to spoil her life & her family life. If he has defect, better do his own works than spoiling other lifes.

If girl marriage life is spoiled, then her image, her parents, her brothers, her sisters image also spoiled in the society.

Imagine girl's father is heart patient and going through these tensions ============> who is responsible if he dies with these tensions?

Imagine if girl goes for suicide due to these tensions and not getting married again ========> who is responsible for this?

COIN HAS BOTH SIDES ====> I AM TALKING ABOUT THE PAINS AND TENSIONS THAT ONE HAS TO GO THROUGH DUE TO OTHER SIDE DEFECTS.

Impotent husband is not saint to sit idle and be calm ===> He marries purposefully to extract dowry, demand additional dowry after marriage, demanding/taking her salary etc etc ===> his family is also too sadistic and big psychos ==> they want MONEY FROM THIS MARRIAGE BUSINESS.

PEOPLE SHOULD HAVE HUMAN VALUES AS WE ARE IN THE SOCIETY