Section 12 1 (a)
Sudhakar
(Querist) 07 June 2015
This query is : Resolved
Respected Experts
I got married on october 15th, 2010. Its an arranged marriage. The marriage between her and me not consummated due to unwillingness of her. Every day and night she stayed along with me used to state different kind of reasons for her unwillingness and she also used to say that marriage has been got done by force of her parents. Ultimately she left the matrimonial life with in 15 days of the marriage i.e. on October 31, 2010 and never returned back.
I issued a lawyer notice her to return back and join the conjugal life but never returned back.
I filed u/s 12 1(a) HMA that marriage was not consummated due to impotence of respondent.
Now my problem is, though I have filed u/s 12 1 (a), I havent got any medical reports of about her to prove the impotence. I stated in my petition that impotence may be curable , not curable, permenant or temporary.
I also stated in my petition that respondent may be suffering at the time of 15days where she stayed along with me, may be suffering with temporary or curable impotence.
Now please state me whether my kind of approach to court is in right way or not.
Dr J C Vashista
(Expert) 08 June 2015
The query pertains to different issues, for non-consummation of marriage (seek annulment of marriage); for proving impotency it is to be established and proved by wife, which can be ascertained only after having physical relation of husband and wife.
Seek assistance of a local lawyer with full facts, it is incomplete and confused story.
Rajendra K Goyal
(Expert) 08 June 2015
You seem to have taken wrong stand of her impotency without having any proof. You could have moved for annulment of marriage for not consummation of the marriage.
Discuss with another lawyer and show him full case file.
Sudhakar
(Querist) 08 June 2015
Thank you to experts, for giving reply... I am very very thankful to Rajendra ji... because your reply has given me a spot light. I am very very thankful to all.
