impotency allegations
Querist :
Anonymous
(Querist) 04 May 2011
This query is : Resolved
Ld counsels,
Wife complained about non-cohabitation in the ciminal case and also in her deposition before the magistrate she maintained non-cohabitaiton and non-consummation and demanded dowry for re-union.
However in her marriage annulment petition she has taken a stand that marriage has not been consummated owing to the impotency of the husband. There was no whisper of impotency of husband in the criminal proceedings.
Is this an act of vexation to scandlize the husband. On this ground can the annulment petitioner be dismissed.
Arun Kumar Bhagat
(Expert) 09 May 2011
No it can not be dismissed.It is minor omission or addition.
Querist :
Anonymous
(Querist) 09 May 2011
Dear Mr. Arun,
I am not sure how minor can this addition be for the family court, while it was stated that the husband had fradulently suppressed his unfitness for marriage which is clearly missing in the criminal proceeding.
How a liberal interpretation of the plaint overlook this pointed allegation of suppression of facts which is missing in the criminal case. The charge in the criminal case is that the husband had fradulently suppressed his pre-marital love affair with another girl.
Now please enlighten me how this omission will be viewed at by the family court.
Thanks for your reply.
