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(Guest)

Nullity of marriage

Learned experts opinion wanted. Kindly suggest

My wife filed petition of nullity of marriage on grounds of non-consummation of marriage and alleged that i am impotent , my hairs are grey , having false teeth. She also claimed 25 lakhs for the said frauds. My lawyer says that i admit non consummation of marriage and make petition to refer to medical board to prove potency. I wanted to deny non-consummation and fight the case. What is the best option for me i,e admit non-consummation or deny the same. 

My advocate said to me that If i deny the same and win the case , she would try to come back to my home which i dont want . Is there any way to stop her from coming home if i win the case and can i go for judicial separation 



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 9 Replies


(Guest)

I would like to mention that my marriage is 6 months old. I wanted to know if there is any way to stop her from coming back home if i win the case ,  as i fear that she might create atmosphere of domestic violence in future . kindly suggest 

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     11 June 2015

Sir,

 

See fight your present case on merits and parlelly file the case for Divorce after six months on the ground of cruelty because until one year gets completed, you cannot file a case for divorce ...

 

Warm Regards

Kapil Chandna Adv

9899011450

Anish Thakur 7018812737 (advocate)     11 June 2015

Dear Querist ,

First of all try to resolve this issue with talk with your and her parents and if you failed then contest your case on merits

SAINATH DEVALLA (LEGAL CONSULTANT)     11 June 2015

Just 6 months of marriage and running after courts for non-consummation.Have U hidden UR grey hair and false teeth at the time of marriage? If so it amounts supression of physical facts.If U have revealed her the truth,her act has no moral meaning.In case her contentions are wrong and proved in the court,then the court will order both of U to reunite.

Is there something else also for her to act in such a manner,come out with the complete facts.

 


(Guest)

Thanks all for your valuable suggestions

 


(Guest)

No Sir my teeths are natural and hairs are black except a few hairs in the head. I shall undergo a potency test and submit along with written staement 

Shantanu Wavhal (Worker)     14 June 2015

appear in the case filed by wife.

deny her allegations (to succeed, she has to prove that - the marriage was not consummated because of YOUR IMPOTENCY ...... let her prove.)

 

now, in this case, u raise a counter claim for divorce on the ground of cruelty i.e. false allegations by wife


(Guest)

Experts opinion wanted (pl do not mind for the long quarry)

Dear Sirs my wife had filed petition u/s 25(i) & (iii) for voidable marriage on grounds of non-consummation and in the petition she mentioned that i am incapable for procreating child of the marriage as i am physically unfit to have marital inter-course. 

In my written petition i denied all her allegations , i said that it was she who was not interested in having any physical inter-course. I was always interested and willing to consumate, it was she who was not willing to consumate. And this is true.  I have also visited a govt hospital , dept of urology and said that my wife suspects impotency which i am not. As per  Doctor's prescripttion i underwent penile doppler test , blood/urine test etc and found that i am ok and have no dysfunction as on date. I have attached an atttested copy of govt hospital prescripttion & various tests including penile doppler test.

My question is can she challenge my medical reports which is from govt hospital and moreover she filed petition u/s sec 25 (i) and not sec 24 . 


(Guest)

Experts opinion wanted (pl do not mind for the long quarry)

Dear Sirs my wife had filed petition u/s 25(i) & (iii) for voidable marriage on grounds of non-consummation and in the petition she mentioned that i am incapable for procreating child of the marriage as i am physically unfit to have marital inter-course which means i am impotent. 

In my written petition i denied all her allegations , i said that it was she who was not interested in having any physical inter-course. I was always interested and willing to consumate, it was she who was not willing to consumate. And this is true.  I have also visited a govt hospital , dept of urology and said that my wife suspects impotency which i am not. As per  Doctor's prescripttion i underwent penile doppler test , blood/urine test etc and found that i am ok and have no dysfunction as on date. I have attached an atttested copy of govt hospital prescripttion & various tests including penile doppler test.

My question is can she challenge my medical reports which is from govt hospital and moreover she filed petition u/s sec 25 (i) and not sec 24 . 


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