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Impotency/498a cruelty

(Querist) 09 April 2012 This query is : Resolved 
wife earlier filed divorce petion and 498a mentiong dowry harrasment and impotency of husband. As per her husband has hidden the fact he was impotent.

husband has shown williness to undergo required and ask for test of wife.

now wife has filed amend petition saying due to fact her lawyer was male she did was not able to share exact fact with him. Also since she was under stress, she did not read divoce petion clearly.

Now she state that due to dowry demand not met, sexual relationship bw couple failed and it has caused mental and physical cruelty to her. therefore divoce and 498a is vaild .

how can husband disapprove these charge, there can be no prove apart from medical test of what happen in behind the four wall.

only thing husband can prove or may attempt to prove is how well she was kept at husband house.
kuldeep kumar (Expert) 09 April 2012
I THINK IF WIFE IS HEARD TO SAY HUSBAND IS IMPOTENT THEN SHE MUST HAVE OPTED OUT OF SUCH WEDLOCK RATHER BEING DRAGGED INTO HER SELF TAILORED CASE OF HARRASMENT.I THINK HUSBAND IS MORE TO SUFFER FIRST FRO HIS IMPOTENCY AND FINALLY FROM FEAR OF 498A.THIS IS A CONFLICTING PLEA IF SHE STATE HER HUSBAND IS IMPOTENT AND STILL LIVED WITH HIM.IN MY VIEW SHE CONDONED THE CRUELTY IF THIS IS THE ONLY GROUND OF CRUELTY.
Shonee Kapoor (Expert) 09 April 2012
Very good,

Your case is made stronger by her inconsistant stands.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor (Expert) 09 April 2012
You should strongly contest the amendments in pleadings.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Nadeem Qureshi (Expert) 09 April 2012
I agree with expert
Deepak Nair (Expert) 09 April 2012
Yes. her steps have weakened her case to some extend. Fight the case on merit as advised above.
V R SHROFF (Expert) 09 April 2012
As and when wife ask Divorce, alleging you "NA MARD" , simply throw her out of your life.
Why contest, give her divorce. Why prove u r man, when even after proof, she go for another excuses.
No use wasting your precious time after such ladies.
ajay sethi (Expert) 09 April 2012
settle for divorce
Deepak Nair (Expert) 10 April 2012
Well said by Shroff Sir.
Shonee Kapoor (Expert) 11 April 2012
But Shroff Sir,

Giving divorce on her grounds can impact alimony and other things too.

Hence if she doesnot agree to MCD, keep fighting.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


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