Divorce

Naresh (Querist) 02 March 2012 This query is : Resolved

Dear experts,

(1) I (husband) filed divorce on cruelty and desertion grounds on my wife u/s 13(1)(ia)(ib).

(2) Wife in the counter made a counter claim for divorce on cruelty 13(1)(ia) due to impotency of husband (petitioner).

(3) Wife filed an interim petition to send me to the medical board to check me for impotency and the court ordered me to take up the test.

(4) In the tests done by medical board, the result came in my favour (i.e they said no evidence to suggest impotency)

(5) In this scenario, I request the member's expert guidance to help me find out the judgements, citations to be quoted in my arguments in the above mentioned scenario under cruelty and desertion

Regards

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Arvind Singh Chauhan (Expert) 02 March 2012
False allegation of impotency is itself cruelty against husband.

Nadeem Qureshi (Expert) 02 March 2012
Dear Naresh
file an application u/s 340 Crpc against your wife for given false evidence/allegation and approach to court for continue proceedings
feel free to call

R.K Nanda (Expert) 02 March 2012
I agree with the reply of Shri.Arvind.

R.K.NANDA-ADVOCATE

ajay sethi (Expert) 02 March 2012
well the medical tests are in your favour . the allegations made by wife has proved to be false .

if wife makes flase allegations it amounts to cruelty and is a ground for divorce

ajay sethi (Expert) 02 March 2012
. AP High Court, Susarala Subramanya Shetty Vs S Padmavati, CMA 3155 of 2002.
CORAM: Hon'ble J Chalameshwar & Gopala Krishna Tamada
Alleging Impotency amounts to immense mental agony and cruelty
2. Rajasthan High Court, Nirmala Manohar Singh Vs Manohar Shivram Jagesha, First Appeal No 589 of 1985
CORAM: Hon'ble Mr. A V Savant
Alleging Impotency amounts to immense mental agony and cruelty
3. Rajasthan High Court, Smt Shanti Devi Vs Raghav Prakash, CMA 19 of 1982
CORAM: Hon'ble Mr. Guman Lal Lodha
Alleging Impotency amounts to immense mental agony and cruelty

Raj Kumar Makkad (Expert) 03 March 2012
SHEELA BAI VS. DEOKARAN (MADHYA PRADESH HC) 699

Section 13, 12, 28 – divorce sought on ground of impotency – impotency is not a ground available under Section 13 – Section 12 of Act deals with void able marriages according to which marriage may be annulled by decree of nullity on ground that marriage has not been consummated owing to impotence of either party to marriage – marriage took place in 1997 – parties living separately since then and remained together for short period – marriage irretrievably broken down – without making any observation about impotency of husband marriage between parties dissolved.