Is hymen intact certificate enough for marriage annulement?
Guest
(Querist) 22 May 2011
This query is : Resolved
Marriage only lasted 20 days. Then wife filed for annulment on non consummation due to husband's impotency. Absence of sex was due to wife's refusal on some other issues. But husband,in his counter,falsely claimed that they had sex a few times.
Wife submitted given below hymen intact certificate from govt. hospital.
Diagnosis details:
After marriage stayed together for 20 days without successful intercourse.
Observations:
1) Hymen intact
2) Per Vagina(P/V) test could not be done as patient experience severe pain.
3) some other values like O/E,P/A,L/E also there but not clear to read
from xerox copy.
Will court give annulment on this certificate? If husband submits his potency certificate, will it override her hymen intact certificate in this case? Please help me how to proceed this case further?
Guest
(Expert) 22 May 2011
1. Hymen is not a criteria for proving IMpotency of a male.
2. Hymen may be intact for pregnant ladies too.
3. Pipe test is the correct test to prove the potency of a male.
4. Your case is not based on medical grounds and it rests upon the facts in four walls of matrimonial house.
R.Ramachandran
(Expert) 22 May 2011
See whether you can utilise point (2) of the observations stated by the Doctor, which you posted in your query to your advantage / i.e. the reason for successful consummation of the marriate.
R.Ramachandran
(Expert) 22 May 2011
read as reason for non-successful consummation of the marriage.
Kiran Kumar
(Expert) 22 May 2011
I agree with S. Ganesan that the situation mentioned by you does not entitle wife to seek annulment of marriage.
quite interestingly, a hymen can be reconstructed....certainly its an artificial one.
further the tests will also be conducted upon the husband to know about his potency.
Guest
(Expert) 23 May 2011
The certificate cannot give testimony about husband's impotency, as it gives the position of wife's vaginal state only, not husband's capacity for intercourse.
The question arises, how successful intercourse could be possible, when the wife could not even get her vaginal test as at point No. (2) due to severe pain. Naturally, she herself would have refused to allow the husband for intercourse due to the reason of severe pain in her vagina, which could be even more severe during intercourse than the P/V test. So, this point of certificate itself goes against the wife.
Further, if the hymen would have broken due to some severe hurt even before marriage, would she be treated as having got intercourse with some one else?
So, merely intact hymen should not be the only criteria for annulment of marriage.
