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mrgop (Owner)     05 August 2010

Impotency certificate from Medical Board?

Is it possible to get Impotency Certicicate, ie. stating husband is physically fit for s*x and married life, on personal request from state Medical Board  to fight an Annulment/Divorce case in family court? When I approached  private/government doctors are  reluctant to issue such certificate to avoid coming to court at later stage, so can I approach the state Medical Board personally to get such a certificate?



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 12 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     05 August 2010

No.

mahendrakumar (marketing)     06 August 2010

if you could get a directive from the court in this regard,then ,yes.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     06 August 2010

Still no , you can not force any body to be decalred  impotent for fancy of a woman.

mahendrakumar (marketing)     07 August 2010

it is not for anybody's whim and fancy,but proving impotency may be needed sometimes for divorce cases.

so depending upon the merit of the case courts can direct.
 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     07 August 2010

Tomorrow somebody will apply in the court and ask somebody to be declared MAD.

NO NOT ALLOWED WHATEVER MAY BE YOUR VIEW.

You have to show circumstances beyod doubt to show such thing.

Supreme court has denied permission even for NARCO tests on criminals.

So impotency test is worst than third degree.

Even if such application is given it will invite criminal action from the accused.

mrgop (Owner)     07 August 2010

Originally posted by :shashikumar
"
Tomorrow somebody will apply in the court and ask somebody to be declared MAD.

NO NOT ALLOWED WHATEVER MAY BE YOUR VIEW.

You have to show circumstances beyod doubt to show such thing.

Supreme court has denied permission even for NARCO tests on criminals.

So impotency test is worst than third degree.

Even if such application is given it will invite criminal action from the accused.
"

Sir, wife filed for annulment/divorce showing impotency (husband not fit for s*x and married life) as the main ground. They lived together only one month and there had no such talk from wife before filing annulment/divorce petition. She has no evidence like medical report or any treatment details from doctor etc. Now, husband wants to prove that he is not impotent and is fit for married life for his future. If wife asks for his medical test in court, will court sent him for the same? or Can he ask the court for his medical test? Please let us know how to proceed this case from husband's side?

mahendrakumar (marketing)     08 August 2010

since it is the main cause for divorce, ,unless the veracity of the allegation of 'impotency' is proved,how to proceed further? as such ,i still believe that the court can direct for such tests?

it is not like narco analysis,wherein the results are  not prooved 100% correct.

with regards to madness, help of psychiatrics could be sought if needed depending upon the merit and need of the case .

similarly,in the instant case,how could the court or any person come to the conclusion where the allegation is true or false?since the 'potency' of the partners is one of the most important factors in marrital life,it is a serious issue and I do not see any 'immorality' in undergoing the test in the given circumstances.

mahendrakumar (marketing)     08 August 2010

apart from the legal aspects,if the husband feels,the allegations are false (if there are no other valid issues between them),it would be better to make an introspection of the issue as inspite of normal potency,if he is not able to satisfy the partner,what is the point in continuing the relation? I suggest seeking the service of a marriage counselor/s*xologist,so that the real resons could be understood.  Please try this route through the help of well wishers of both parties.

inspite of this,if you find their 'marriage' a point of no return, atleast someone could persuade for a more decent
cause of divorce,like mutual consent etc.

mahendrakumar (marketing)     09 August 2010

Mr.Tigrania,

Is it like prooving theft or rape?

without an expert opinion,how could one prove a delicated matter like potency?  Other than the concerned partner whoelse could know the truth? Can anyone suggest any other method than the one suggested?

Please come forward with some constructive opinion so that it is helpful to the concerned and all other similarly placed parties.

Adv.T.G.Ragesh (Associate)     11 August 2010

Mr. Mahendrakumar......You can point out this issue before the family court. i had personally come across with such a situation. In that case the court directed both the parties to undergo a medical examination and directed both of them to suggest a panel of doctors. then the court selected 2 doctors and they examined the parties. one of the problems in such examination is that the doctors normally certify that "there is nothing to suggest that this person is incapable to have a s*xual intercourse".  This terming ignites debates. The doctors say whether he is organically impotent or not. Impotency can occur due to psychological reasons too. The doctors never examine whether they have any psychological impotency or not.

Any how,the family court has ample power to make such a direction

mahendrakumar (marketing)     13 August 2010

Mr.Ragesh,

I think,you had not read the entire post.

I had expressed the same view that court can interfere and direct.

I do agree that impotency could be of temporary nature sometime due to mental/physical nature.

mrgop (Owner)     13 August 2010

Thanks Ragesh. In my case wife filed for annulment or divorce as alternative relief on ground of impotency. I've no such problems but she use such a allegation only to get annulment and harass me. I've already filed RCR just to defend my side. Now counselling and counter filing is over, after waiting 1yr because of her absence, and i got next date is on Jan.

In her petition she has not clearly stated in single word that I'm impotent , but she described it like I had no s*x with her during the one month life together and  behaved abnormally and not even tried to have s*x. So she fear that I'm not physically and mentally fit for married life.

Can she ask for my medical chekup on such wordings? If yes, can I go for defamation case after my medical check up?

In my advocates opinion, most porobably, she will ask the court to send me for  impotency test. If  it not happen he suggest me to submit medical report from private doctor or ask the court for my medical checkup. He aslo of the view that I can submit medical report or ask the court for my medical checkup in advance without waiting for her move. So, please help me to choose the best choice.

Once I get medical report in my favour can I withdraw RCR and file for divorce on grounds of mental cruelty ie. allegation of impotency etc. and seperation of more than two years? Can she successfully contest such a divorce petition from my side?  Please let me know what are my chances?


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