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pleasehelp (hhhhhhhhhh)     21 July 2013

If i accept the blame of impotence will i still have to pay?

I was married in month of May 2012.It was an arranged marriage.one month after the marriage she started picking fights,on petty issues.something or the other..blame that i look at other women,sometimes that i am not good in bed..sometimes that i dont understand what she says..sometimes that i am not able to fulfill her expectations,sometimes that i am impotent.though i have proved this incorrect medically.still she left her matrimonial house after three months and was not willing to come back inspite of all my efforts.i  tried patching up but she dint agree to come back .two months later when i was at work and my mum was alone at home she came home and took away all the jewellery that was given to her from both sides to her maternal house,..Now after completing one year from the date of marriage she has filed a complaint at caw of impotence and is demanding 40 lacs  as compensation and that she dint take anything and we threw her out of the house empty handed..40 lacs is a big amount for me. .my family demanded no dowry from them and none of my family members ever lay a hand on her,instead we have been buying her gifts etc and taking her out to keep her happy still she has put the allegation of dowry and physical and mental torture..she doesnt have a father only a working mother and a younger brother,

 

My queries:

 

in case i accept the allegation and i declare in court that i am impotent can d marriage be annulled and in that case will i be required to pay anything to her?

in case i contest the allegation and show the medical reports and say that i m not impotent then i will have to pay cz of the allegations of dowry..and given her family background as mnetioned above would that increase my liability towards her financially?

 

please advise!!



Learning

 7 Replies

Have a Heart Foundation (Sales & Mktng)     21 July 2013

If you state your are impotent, she may still file cruelty stating you did not disclose the facts earlier and have cheated her.

Maintenance & Divorce are separate issues...Whether you are impotent or not.. you have to maintain your wife if she is not working and unable to take care of herself financially... 

If she has deserted you, she may not be entitled for maintenance... for which you need to contest your case and prove desertion during the final stages.. In the interim, you may still be liable for maintenance and courts may pass appropriate orders on the same.

Chetan Joshi (Advisory/Advocacy)     21 July 2013

You have been a clean man with no s*xual past and you need to say that s*xual malfunction was discovered post marriage and if it has been medically proven that you are not then you dont need to bring it up

 

 

Regards

Chetan Joshi

K.K.Ganguly (Advocate)     28 July 2013

1. It is her allegation that you are impotent,

 

2. Based on the said allegation she has prayed for some relief like annulment of marriage or decree of divorce etc.,,

 

3. What is the prayer?

 

4. It is not a crime to be impotent & it is not dependant on you,

 

5. You won't have to pay anything for being impotent. 

Adv. Chandrasekhar (Advocate)     29 July 2013

if she files annulment casse on the ground of your impotency and not divorce case on the ground of your cruelty, and if you admit impotency which came to your knnowleedge only after your marriage, you need not pay maintenance.

fighting back (exec)     30 July 2013

but accepting impotence may harm your future prospects in getting married, once you are done away with this marriage. remember that. you will have to sweat it out, to search for a prospective bride because anyone who wishes to marry for the second time, has to give the reasons, and probably show the divorce/annulment papers to the prospective bride. so think before you act, and why worry about maintainence? it wont be given, because impotence is a natural occurance, and it is not done intentionally

(Guest)

@ querist,


Two circumstances arises:


1. Now ,If impotency prooved as prior to the marriage(then she can appeal for null & void marriage)


In the above case,No mainetnanace is entertained generally but yes there are few judgements where alimony/maintenanace was provided to the pettitioner.

But in your case she is demanding compensation rather than alimony. So,you have to be more cautious and rigorous for dissolving her allegations.

The benefit of null & void marriage always goes in bride side. This is bcz she can claim further as her chastity is stil alive and no consummation has happened in previous marriage. But only drawbacks for girl side is matter of alimony which rarely goes in her favour.


So,instead of alimony she demanded compensation as material fact of impotance was supressesd prior to the marriage,which has caused mental trauma to the pettitioner. Ask your lawyer to fight your case on merit if you are not impotent.


2. If you are impotent,then don't feel shy and distress

This is a medical phenomena which can be cured if you go for medical helps.Now,the point of fact is how to deal with that------you better speak to your wife and agree for one settlement that I can make you free to marry some other guy let us go for MCD and not for anullment as this will lead you a hope in future if you wanted to marry some other girl after your treatment and once you are fit for performing s*x.(bcz once got annuled the reason will non other than an impotent husband)

Your real pain will be only for the time of coughing your bank balance to your wife but after that you would be happy for having a chance to make yourself as not an inpotent man rather than a strong and joyful husband who can marry other wishful lady.


Thanks & regards,


A sufferer........

NGOKC (pm)     01 August 2013

1) As per law there is no provision of compensation

2) Yes alimony may be granted , but only in case where she can prove that she has no means of maintaining herself

 

Please put a reverse case of divorce citing cruelty & desertion ,  there is no alimony if divorce is granted for desertion


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