Psychological evaluation
Ranganath
(Querist) 01 May 2012
This query is : Resolved
Ld counsels,
Wife stated in her petition for annulment of marriage that marriage was not consummated due to impotence of husband.
Wife also stated that marriage was not solemnized as per customs hence no valid marriage in the eye of law.
Can the court take cognizance of non-consummation and direct the husband for psychological evaluation even though wife took contrary stand that the marriage itself is not solemnized.
Thanks, Please clarify.
Ranganath
(Querist) 01 May 2012
court has proceeded on its own motion directing both parties for psychological evaluation as both wants annulment of marriage on the ground of non-consummation.
Ranganath
(Querist) 01 May 2012
Ld counsels,
For annulment of marriage standard of proof of impotency need to be that the respondet was impotent at the time of marriage and continued to be so until the institution of proceedings.
After two years can the court prooceed on its own motion with medical tests. Please clarify,. Thanks.
Devajyoti Barman
(Expert) 01 May 2012
If both the parties have raised the same topic of non consummation of marriage then the court can proceed ahead relying on the admission of other party.
Then there is no requirement for any medical assessment.
SAINATH DEVALLA
(Expert) 01 May 2012
Mr.Ranganath,
You started your query on the same subject in "Mental capacity to consummate marriage"
Please continue on the same thread
ajay sethi
(Expert) 01 May 2012
if both want anullment of marriage then you r marriage would be anulled by court .
V R SHROFF
(Expert) 03 May 2012
court will grant annulment, as not consumed
Santosh Goswami,Advocate
(Expert) 04 May 2012
Court can direct the respondent to go for any test, either physical, mental or psychological.And even if the husband is not so impotent the wife can seek annulment o the ground that marriage has not been consummated.Secondly, petition also seeks to declare the marriage null and void under SEc 5, H.M.A if marriage was not solemnized according to Hindu rites and ceremonies.If the wife could prove this, she will get the order.
919555462995
Shonee Kapoor
(Expert) 04 May 2012
Court can direct parties to undergo any test, which it deems fit.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
