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mrgop (Owner)     24 January 2011

wife produced Virginity Certificate in Annulment Case.next ?

In my case, wife filed for Annulment or Divorce alternate relief on grounds of my impotency, and me filed for RCR. We lived together only one month and the case has bee going on last 1.5 yrs. Counselling failed and counter filing by both parties are over.

On last date, wife's side produced a Medical Certificate(virginity certificate) from govt. district hospital stating that her hymen is intact.

Is it enough her to get annulment in this case? I has stated in my counter that we had s*x 3or4 times only during the one month life.

Case has been put for Mediation, on request from wife's side, on next date.

If I get a medical certificate that i'm fit for s*x, can she get annulment on her virginity certificate?

In this scenario, should I ask for my medical checkup or should I wait her ask for my medical checkup?

I approached some govt doctors for my impotency test certificate but all of them told me that thay require court order to give such certificate. Is it true? If yes, how she could manage to get Virginity Certificate? Diferent rules apply for different genders??

If anybody knows how to get Impotency certificate without court order, please let me know.

Please also help me on how to move the case further.



Learning

 17 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     24 January 2011

If without diclosing court proceeding, you try to obtain suc certificate then it can be given but otherwise court direction is must at least in case of such certificate. You may allege a discrimination but this is a legal procedure and you shall to comply it.

mrgop (Owner)     24 January 2011

Originally posted by :raj kumar makkad
"
If without diclosing court proceeding, you try to obtain suc certificate then it can be given but otherwise court direction is must at least in case of such certificate. You may allege a discrimination but this is a legal procedure and you shall to comply it.
"

Thanks Sir,

Could you please suggest any reason that I can say if doctor asks me why you need such a certificate(not-impotent/physically fit to have s*x)?

mrgop (Owner)     24 January 2011

Originally posted by :raj kumar makkad
"
If without diclosing court proceeding, you try to obtain suc certificate then it can be given but otherwise court direction is must at least in case of such certificate. You may allege a discrimination but this is a legal procedure and you shall to comply it.
"

Doctors told me that the 'Color Doppler scan' is the ultimate test to check Errectle Disfunction/Impotency. So, if i do that test on my personal request from any hospitals/medical labs, would it be a valid proof in court with out any written certificate from doctor? Any way doctors signature would be on 'Color Doppler scan' report.

N.K.Assumi (Advocate)     24 January 2011

 

 

Firstly, file an application to refer her virginity test certificate to be verified by the Medical Board. The truth will soon emerge.

Secondly, potency and consummation are different subjects, which you are to note. A person can be potent but may not consummate the marriage owing to extraneous reasons. She may herself deny the conjugal rights and then file a divorce petition in the court claiming the respondent is impotent.

Separate the issues. First provided adequate medical proof that you are potent, then show to the court by the behavior that marriage has been consummated. Inform the court that you enjoyed blissful conjugal relationship and she was very enthusiastic in bed, and in fact participated in all the normal s*xual activities.

Actual approach to the medical tests. You need to be very careful about how to get the tests done. The tests are divided into three parts -    Now after the trial starts, get her evidence completed. You will stand in the witness box and finish yours and other corresponding witnesses croxx-examination. After everything is done, file an application in the court summoning the doctors who did the Semen Analysis, Penile Doppler Scan and the doctor who issued the medical certificate.Court Behavior Drop the bomb that you are always willing to undergo any medical tests anywhere recommended by the court, and challenge the girl that is she willing to drop the case if the results come against her. Now imagine what will be her reaction to this uncomfortable question. If she says yes, the judge will come to the conclusion that she is a fraud. If she says no, she will have to prove why for which she will have no answer.

Do mention in your statement of objection that you underwent the medical tests at her instance. However if she makes an allegation that the documents are fake, you can use the doctrine of aprobate reprobate during written submission stage and not earlier.

 

Tests and Doctors

1. Semen analysis

2. Penile Doppler Scan

3. Visual Examination

 

The doctors play a very important role in this. Always approach a URO-ANDROLOGIST in the Fertility department. No other doctor will suffice.

 

I know that it is impossible for a normal man to get an erection in public places (unless you are a pervert ;) ). How to overcome the problem ? The doctor will ask you if you can get a normal erection, or you will be administered a erection inducing drug for the tests. Refuse the drugs, inform the doctor that you are confident of getting a natural erection but need some time and privacy, which will be given by the doctor. Before you go for the tests, go to any pharmacy shop and purchase sildefanil (viagra/penegra) pills. Take one pill 30 minutes prior to the tests. You will get a natural erection. Take along some adult magazine, masturbate in the hospital premises and provide the semen sample.The doctor will make a note in the file that you have a natural erection. Very important that you get it noted down.

 

For penile doppler test, again refuse the erection inducing drug, take the pill 30 minutes prior to the test and get the scan completed. The key in getting successful test is breathing normally. Do not breathe rapidly, because the blood starts flowing to the heart and brain rather than to the penis. The doctor will think that the blood flow is abnormal and will make a note of it in the chart, which will go against you. Relax, laugh, take along your buddy, crack some dirty jokes, but ensure that you are not stressed out. The report should show that blood flow is normal and hence no damages such as venus leak or damages to the veins.

 

The final test is visual examination. The doctor will examine your penis in two states, flaccid and aroused. He will ask you to cough and examine for damages to the organ. Again refuse the erection inducing drugs, pop a pill 30 minutes before the test and get it examined.

 

The medical certificate should mention that all tests were done on the subject, in a naturally aroused state. Ensure that details such as your correct name, dates of tests, age etc are correct in the certificate.

 

Psychological Problem

The next problem you may encounter is psychological problem. The allegation will be like that you suffer from some fear psychosis or perverseness which prevents you from getting an erection. If that is mentioned in the complaint/petition/notice, approach any government clinic and get in touch with the doctor. In my case, me suffering from psychological issues were brought up during the evidence time, which the judge refused to consider. I do not have any experience in how to overcome such tests successfully.

 

Doctors Evidence.

Accompany the court officer who will serve the summons to the above mentioned doctors. Find out their daily consultation fees and pay 50 % over that amount to the doctors privately. They hold the key to get the dismissal. Inform them to get all the medical records in original form. Confirm the dates and the procedure to them. Both you and doctor must sing the same tune and speak the same language. Inform them that the questions they face will be with reference to faking the certificates, forging of their signatures, that they have taken bribes, tests were not conducted on you but somebody impersonating you.

 

After the doctor's testimony, comes the written submission part. Inform the court that these doctors are top-notch specialists in their respective fields, the hospitals are highly reputed, they are neutral witnesses and have no benefit in giving testimony in your favor.
 

Oh and good luck, do not worry, be confident, cheerful and positive. It is very important for you to be present before the judge at all stages. He will visually examine you to see if you have any physical characteristics why may confirm the falsehood presented in the petition.

 

Where impotency is the cause of a marriage remaining unconsummated it may be that (a) both the husband and the wife are impotent, (b) the husband alone is impotent, or (e) the wife alone is impotent. Impotency may be relative impotency, that is a person may be incapable of s*xual intercourse with a particular person only though capable of normal s*xual intercourse with another person. The incapability may be either physical or mental. Now let us take the case of a woman who is totally frigid (mental incapability to have s*xual intercourse) and she is so not relatively but absolutely. Certainly this would be a case of impotency. Now such a woman (an "inanimate" woman) will not cease to be impotent if a man forcibly penetrates his penis into her v**gina. The last two cases relied upon by Mr. Rebello are of this type. An "inanimate" man cannot penetrate for s*xual intercourse. A man having s*xual intercourse cannot be said to be "inanimate" or impotent. The fact that he has been "persuaded" or "lured" or "seduced" makes no difference, nor does it make any difference that this was only a single act of copulation. In our case the man has copulated with her, that is penetrated her for s*xual intercourse. Certainly this is no case of impotency. All the best.

 

1 Like

Jamai Of Law (propra)     24 January 2011

Adv Assumi has given a detailed information.

 

 

To challenge the virginity certificate, you need to invoke subject matter experts in the jurisdiction.

 

 

Virginity means 'no intercourse' physically with another person.

 

 

Non-intact hymen does neessarily say that a person has lost verginity. A sports person may not have it intact. It's no big deal.

 

 

And also intact hymen does not necessarily suggest anything. It's possible that some Persons do have a tough, durable, or stretchy hymen. So their hymen might  even stay intact after s*x.

 

Naresh (In search of job)     24 January 2011

N.K.Assumi sir,

 

your statement

"Secondly, potency and consummation are different subjects, which you are to note. A person can be potent but may not consummate the marriage owing to extraneous reasons. She may herself deny the conjugal rights and then file a divorce petition in the court claiming the respondent is impotent."

 

Could you provide me citations, where the above situation happened?

 

-Naresh

Arup (UNEMPLOYED)     24 January 2011

*  intact hymen does not necessarily suggest anything.

-  correct.

Arup (UNEMPLOYED)     24 January 2011

you challenge the test.

the truth will come out by both of your medical test.

i feel you both will be ordered for medical test under the supervision of the court.

mrgop (Owner)     24 January 2011

Hi experts,

I missed one main point im my question. Actually we had no s*x because she refused it due to some reasons best know to her only. So, she  may or may not be virgin and am not sure about it. As per advice, I had falsely stated in court that we had s*x 3/4 times during the one month married life.

I'm also not impotent and ready to under go medical check up if ordered by court.

Anyway now she submitted virginity certificate. So, would it be a good idea to challenge her virginity certificate and ask for medical board checkup?

If court accepts her virginity certificate, and I also prove my potency by medical test, can court give annulment just because she remains virgin?

Is 1. Semen analysis a part of impotency checkup? I think its a matter of Errectle Disfunction, whic requires only 2. Penile Doppler Scan and 3. Visual Examination.

Semen analysis requires only in cases of fertility problems which is not a ground for divorce..

N.K.Assumi (Advocate)     25 January 2011

See mrgop, when a wife wants ro harras her husband she may adopt various ways ans means with 498a or DVA etc, and one of her armour of her last resort is imputing you as impotent, in such a case you have to fight back like the Spartans with proper strategy. Now there is a case of impotent before the court with her medical certificate of virginity and as rightly pointed out by you it is not a case of fertility but impotency so just go through the battle lines I have posted for you and the rest is well known to you. And since you have lied before the court and the forum let your advocate decides how to draw your battle lines.

Jamai Of Law (propra)     25 January 2011

mrgop,

 

Don't worry.

 

Annulment is given on evidence of 'OTHER PARTY's inability to perform/imptency' and NOT by giving 'virginity certificate' of oneself.

 

 

Her verginity certificate can not suggest in EITHER WAY about your potency credentials.

 

 

Also whether there was mating or not.........it can't proved or disproved by either party or by unilateral, selfserving testimony or affidavit.

 

 

Annulment of marriage is ruled out in this case (and thus your chance to skip maint and alimony is also gone actually. Now you may to fight it on her education, able bodiedness, earnings proofs and also showing willing to recon. But Interim maint (pendente lite) doesn't look at merits of main case.) But it spared you from the stigma of branded as 'impotent'.

 

 

Annulment........ benefits:- You would have skipped maint/alimony etc as marriage is annuled,

problems:- you would have had to carry the sticker of 'impotent'.

 

 

Divorce:- You don't have to carry the sticker of 'impotent' and she can't claim to be annuled (technicaly!!)

Problems:- Maintenance and alimony is something that you need to cough up based on merits of the case as above.

 

 

Avnish Kaur (Consultant)     25 January 2011

mrgop one imp thing in divorce cases , avoid lying , be honest and fight it seriously , if u are fighting for the truth u will win the war.

mrgop (Owner)     26 January 2011

Thanks for the learned members for valuable advice,

The virginity certificate which she sumbitted in court is from a govt. health clinic in her village, and as we had no s*x, i'm also not sure about her virginity.

So, in this scenario, should I object the credibility of this certificate and ask the court to send her for Medical Board checkup?

What about the possiblity of the plastic surgery, Hymenoplasty, which restores the broken hymen? The possiblity of such surgery was a contoversy in recent CBI report in Sister Abhaya Case. Anybody knows, if a doctor can detect / deny the possiblity of such surgery in medical examination with an accuracy acceptable by court.

What if she does not ask for my medical checkup in court? Should I never ask for my medical checkup or Should I ask for it after her evidence stage closes?

   

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