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gaurang (proprieter)     07 February 2016

Help

Hi all 

       My name is Gaurang my wife has applied for divorce saying that iam impotent I have given a semen test report to the court in which her claim is proven wrong now she has filed a case in police station as iam disturbing her what can I do iam not interested in giving divorce



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 3 Replies

Vijay Raj Mahajan (Advocate)     07 February 2016

Impotency and infertility are two different issues , so don't mix them. A person who has fertility can be physically impotent and the other way round.

The claim of your wife that you are impotent has to be proved by her evidence concerning your medical report regarding the factor of impotency with regard to her. You may otherwise even not be fully impotent but when it comes to husband wife s*xual relationship with your wife you may not be able to attain the required rigidity in your organ or fail to keep it long enough, without which it may not be possible for you both get and enjoy the relationship as normal s*xual partner.

A wife complaining about un-fulfillment of s*xual relationship in totality is found to be good enough ground to dissolve the marriage. This very trick issue has to be handled very carefully in the court.

ANAMIKA VICHARE (LAWYER)     07 February 2016

Semen test has nothing to do with potency., but you knkow the reality and facts, whether the marraige was consummated and despiteconsumamtion she is caliming taht you are impotent.  Or the case is otherway rounbd taht you tried for consummation, she refused for relationship.   Then in taht case, you should hv filed decreeof nullity  u/s.12[1][ia] of Hindu Marraige act on the grund of particular impotency and taht is tob e proved not medically but by your version   What I feel taht if according to you she has takenfalse satnd, then why she has taken so, is she having affair with someone ? if taht isso, bring taht on record and then close your matter, you do not keep your life lingering

 

Born Fighter (xxx)     08 February 2016

Gaurang, in my view...your wife has made a grave allegation on you and she has made up her mind to take divorce from you. So be clear even if you don't want to give her divorce, the court CANNOT force her to come back to you .. even if you succeed in proving her allegations wrong !!!! 

 

Your wife is interested in HEFTY ALIMONY hence she is using all the weapons available under the women laws to harass you so that you give her money n thus DIVORCE. You evaluate the situation as to what is the money she is asking for and if you can afford to pay her...as litigation will consume 3-6yrs of your life.

 

 

Secondly if your income is less and aslo if ur wife is working , then you inform the court that ur ready for divorce. Ask the court to mediate and help you settle the matter, however do not accept the allegations. Your wife will eventually reduce her demand as she will also get frustrated with time.

 

 

The point that im trying to make is do not waste ur time on expecting ur wife to come back....unless u have also decided to give her a taste of her own medicine by rejecting her demand for divorce !! 

 

 

 


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