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srinivasan (manager)     29 June 2015

Potency medical certificate favour

I applied pettion in court for medical examination and judge sir fixed Rajiv Gandhi government hospital for medical examination. and urologist head conducted medical examination with other departments head like,diabetes, forensic heads and finally hospital send potency certificate directly to court but judge sir tell me that we only consider that mediacal examination certificate as per evidence act 45 and i dont know what act so i required further help or advice. and opposite lawyer harrsing me in front of judge and use words like useless, impotent etc even i prove my self as potent as confirmed in medical examination certificate and cross examination going on more than one hour in each time and i will go third time in next month so that i aks further guide from you all.

 i want to know that in any chance judge ignore my potency test certificate for issuing divorce and i sure that opposite party not produce any evidence that i impotent but asking very non sense question in cross examination like what you doing in first nigh etc., in front of judge. and divorce is my secondary only and i want to prove my self that am fit for family life is my primary because its my prestige issue and i hope that all men understand my feelings.



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 3 Replies

I walk alone (Asst Manager)     29 June 2015

Hello D. Rajendran

My consolations are with you, even I feel, I do have to face the same Dirty Questions by my wife's lawer. It is quite unfortunate for us to have face this kind of questions, yet we have to be mentally strong and literally shameless in handling this kind of questions and some blames, but believe me, you will come out clean. someone is watching every one of us, and everyone would get their share of virtue/sin.

I'm not a Lawyer/Legal Consultant, like you, I'm also facing a trial of almost similar kind. I have been harrased & will get more harrased thats for sure and I'm preparing mentally myself for this and suggesting you is going to help me to boost my confidence overall, so let us stand up and give back what they deserved, if our wives can go shameless (with help of some croocked lawyers) then, why not us ? We can make our own future and no-one else can help with that.

Pls understand a few points here

  • If the judge is not accepting the report which the doctor has sent, then you & your lawer must put the ball in the other side, saying, the instuction of the court is not clear enough to the medical team only where is your fault in it? It is you, who took up the painfull tests (like PIPE Test etc) so that you can prove your potency.
  • See, primarily, your opponent lawer might ask you several direct or indirect question, and you shouldnt be shameful to answer them, cause, when the judge is shameless enough to allow such questions to be asked then why you're being shamefull to answer them? There is only one strategy "Be Roman in Rome". if they dig into say "X" level, then you must dig down to "X+1" level. No other go brother.
  • Your lawer must convince the judge about the clear-cut court instructions being made in black& white of which Medical Examination report that he will consider to prove your potency.
  • Your lawer must pressuarise the other party to prove your impotency in Black & white instead in oral examination. I'm sure, half of the people who will be sitting on that day on the court, wouldnt know the exact reason of Impotency in a man, and they just came here with some Oral evidence.
  • Prepare yourselves, to go through more this kind of questions like this, no-other-go. Everything is fair in love & war.

All the best brother.I'm sure, you will come out clean & about this Medical Certificates and all, I hope other learned Legal consulants will be guiding you better. I'm not a legally well-versed person, I'm also a victim of this "SOCIAL RAPE"

srinivasan (manager)     01 July 2015

i request all expert to guide to me for above mentioned situation.

Adv. Chandrasekhar (Advocate)     01 July 2015

My sincere empathy with both of you.  First things first.  The medical report submitted by the Committee of doctors is treated as "expert opinion" and hence the courts while considering that report give due consideration of the opinion of the doctors but it is not a conclusive proof.  But at the end, if you put it in arguments emphatically, you will clinch the issue.   Next, coming to the audacious behaviour of the opposite advocate with crass questions coupled with uncouth behaviour is shameful.  Firstly I have not an iota of doubt about your potency.  Next, I talk completely on other ground.  Assuming, just assuming that husband is impotent, then that does not give any advocate   any damn right to behave himself and talk rudely like 'useless' and 'impotent' like that qua husband.  He has got a responsibility to prove the fact that the husband is impotent. But it does not give him any licence to behave like bull in the court.  These questions can be asked in a decent manner and in a decent way.  Being impotent or not is not universal sin.  It is just aberration of human ability, like a person is blind, deaf or dumb etc.  In all other cases, this dirty world shows so much sympathy and in the case of impotence, it displays such callousness.  I completely abhor such behaviour of such advocate(s).  The same happens with these advocates while defending the rapist and cross-examinaing the rape victim, they insult the women in most perverse manner.  It is not discharge of responsibility, but sheer audacity and temerity that he gets by wearing black coat.  Damn with such dirty advocates.

Now, I will give you two tips:

1.  Ask the judge by moving an application, that your cross examination shall be held in camera.  You have got statutory right for that.

2. Request the judge to effectively intervene at the time of your cross examination and advise the opposite advocatee to behave decently and to put questions in decent manner.  Even then if he does not follow the procedure, then request the judge first hear the question from her advocate and then if they are decent and relevant then only direct you to answer this question.

Warm wishes.

 


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