I am 29 years old girl. I got married on 29 jan 2016(social)/27 nov 2015(registry) with a guy. We are from west bengal but he lives in chennai for work purpose. After marriage i shifted to chennai with him. After marriage i was diagnosed with TB(Tubercular lymphadenitis) And in these 3 years of our marriage we didnt had intercourse even once. He use to make excuses of my medication for not getting intimate. While non of the doctor had advised for not getting intimate. After 2 years on marriage i started sharing this with my friends and colleagues. Then i realised the fact that it is not normal. A man can never control himself. 3 years and still virgin... its quite unusual. And still for the fear of getting infection there are protections available in market. Then i started asking him for the treatment but then he makes silly excuses. I couldnt share this with my parents and relatives. On nov 2018 i told everything to my parents. After this he got ready to go to a s*xologist. We went there and then doctor suggested a test, so that according to that he will continue the treatment. But my husband didnot want test. Makes excuses. I even told him that do the test and the treatment and if it comes negative then also i am with you. But still he is not ready for the test. After so much of trying when i failed, i came back to my parents in kolkata. And also apart from this he raised his hands on me 2 times. 1st time he kept a knife on my neck and said that he will kill me and second time in this oct he beat me so hard that i couldnt move my hands for 3 days. Also one ay i accidently touched his ph and saw the msgs his father had sent him asking him to "tight" me, to talk with temper. I got very depressed on seeing all these. And i am staying here from the past one month and in this one month i didnt even got a single msg or call from his side. I want to file a case against him on the basis of physical and mental abuse but it will be time consuming. After 3 years of marriage can i file a divorce case against him on the basis of impotency?
we have our legal advisor and he is saying that the time period for filing a case under impotency is within one year but in my case its already 3 years. my query is that after 3 years is it possible to file a case under impotency? coz he is saying that my case is weak. its already 3 years.
Your local legal advisor be lack knowledge of divorce law. The ground for divorce can be cruelty on the basis of refusal for s*xual relationship with you, indulging in sadistic activities by him and his other family members.
There is no time limit of 1 year for filling the divorce petition on these two grounds of creulty.
You're not making impotency as ground but refusal for marital s*x as ground of creulty against him.
It will be on him to prove his potency to refute and prove charges of refusal of s*x with you in the court and if he's unable to prove it medically your charge of refusal for s*xual relationship will get dissolution of marriage.