Can wife prove that marriage was not consummated if husband is not impotent?
Guest
(Querist) 10 February 2012
This query is : Resolved
Is it possible for the wife to prove that marriage was not consummated to get annulment even if husband is not impotent?
I just want to know what are the options before the wife to get annulment on non consummation of marriage if husband is not impotent but he abstained from sex.
What would be the decision of court if wife is ready for virginity test and husband is ready for potency test, and quite naturally both test results turns out positive? They lived together only one month and husband claims that they had sex a few times and now its the wife who is not showing interest in sex...
What is the possibility of taking the virginity test result as a reliable proof of non consummation of marriage even if husband's potency test is positive?
I want the experts views on how the court is supposed to handle such a case on merit.
adv. rajeev ( rajoo )
(Expert) 11 February 2012
if both test are positive nothing will happen. If wife wants any maintenance she will get .
V R SHROFF
(Expert) 11 February 2012
Sonu, you earlier asked this query:
If a child was born in a live-in relationship between a married man and an unmarried woman, can the wife of that man ask for the DNA test of the child to prove adultery/bigamy?
What are the limitations or whom can ask the DNA test of a minor child? Can court order DNA test of a minor child without the consent/request of mother?
ARE YOUR QUERIES IMAGINARY, or you already have a child,
Guest
(Querist) 11 February 2012
@shroff sir,
The query that you quoted above was an imaginary one exploring the possibility of live-in as the cases are dragging in court..
V R SHROFF
(Expert) 11 February 2012
SONU,
YOU ONLY POSTED SUCH IMAGINARY QUERY:
So you are liable for waste of Expert's Time.
Even it is taking lots of my time to guard my Colleagues Experts against such Imaginary Vague Queries.
Guest
(Querist) 11 February 2012
@shroff sir,
The present query is not a imaginary one...and in case of DNA test, even if its imaginary one, i'm asking for expert's advice on legal side if i opt for live-in in future without divorce as the case is dragging..
I think, its a place where the public can post queries on current problems as well as queries regarding the problems which may arise in future..
I don't think that we should seek expert's advice only after the problem started and not in advance!
V R SHROFF
(Expert) 11 February 2012
SONU you said "I think, its a place where the public can post queries on current problems as well as queries regarding the problems which may arise in future.." SO ASK IN ADVANCE:
So it is possible that if son born out of your live-in relationship, leave behind his Widow, and 2 children, what maintenance you have to pay her as a daughter in la u/s 19 of HAMA 1956.
If you forgot to ask, ask this future Question also, like your DNA test of unborn child.
AFTER ALL: LCI EXPERT'S CONSULTATION IS FREE!!
Deepak Nair
(Expert) 11 February 2012
Dear Sonu,
I would like to inform you that the experts have collectively decided NOT TO ANSWER SUCH QUERIES WITHOUT AN ACTUAL LEGAL ISSUE. Only the real problems will be answered here.
This is because this section becomes flooded with such queries WHICH MAY OR MAY NOT ARISE IN FUTURE resulting in sheer waste of time and energy of the experts for no reason.
By the way, in your case, the chances of annulment of marriage is very bleak. You have to bring other strong grounds to get divorce. Otherwise, speak to the said Husband and go for a divorce by mutual consent.
I would not suggest you to go for a Live-in relationship before getting divorce, and even after divorce. But the choice is yours.
prabhakar singh
(Expert) 11 February 2012
DEAR author : Sonu!
WHAT YOU THINK IS YOUR DOMAIN AND YOU ARE KING OF YOUR MONARCH.
BUT WHAT WE THINK IS OUR DOMAIN AND WE ARE ALSO KING OF OUR MONARCH.
YOU FEEL LIBERATED BUT DO NOT TRY US TO MAKE YOUR SLAVE AS WE HAVE TO SOLVE AND YOU ARE TO POSE PROBLEMS.
YOU CAN EASILY NOW UNDERSTAND HOW TWO KINGS CAN COME TOGATHER.
ONLY WHEN YOU LEARN TO RESPECT AND VALUE TIME OF THOSE WHO DEVOTE IT FREE TO KINGS LIKE YOU.
Sudhir Kumar, Advocate
(Expert) 11 February 2012
YOU DO NOT TAKE OUR VIVA.
DO NOT EXPECT TO REPLY VAGUE QEURY. YOU HAVE NOT SPECIFIED IF THE COUPLE IS MUSLIM.
DEEPAK ASSOCIATES
(Expert) 11 February 2012
in the situation aspects not clear being the medical evidences as you said is correct of both of you thereby it can be said the medicals evidences are in favour of both of you.
Now the question aries taht who is not taking the interest to consumate the marriage. Both of you need a psycology test. Psychetriate has to deliver his result.
