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gdk (student)     02 December 2010

admitted facts

Dear all,

In my nullification of mariage case/divorce case, in my petition I admitted that the marraige was not consummated because my husband is impotent.

In counter to my petition, my husband also admitted the fact that marriage is not consummated. The reason for non-consummation he has given that I have not allowed him.

Then I filed IA for his medical test for impotency.

Judge in order alongwith my husband's impotency test, directed me for test for marriage consummation or not.

My doubt is if both the parties are admitting that marriage is not consummated, then what is the need to prove that whether marriage is consummated or not.

My lawyer is saying that admitted facts need not be proved.

So, please guide what to do?

can I file some petition.

Regards.



 7 Replies

Self service (None)     02 December 2010

Welll you can't just go inncently putting blame on someone. You both are agree marriage is not consummated but reason you are giving is serious and medical test will prove that. If reason you are going is false about husband then your divorce petition will be rejected and court may fine you or husband can take further legal action. Did you thougt any think like this before putting allegations?

Y ARAVIND (ADVOCATE)     02 December 2010

Hi,

Your advocate has rightly said,  admitted facts need not be proved.  There is no need to subject you for such test by the court.  you can file petition to review the order.  if not prefer revision before competent court.

Avnish Kaur (Consultant)     02 December 2010

judge is right , this is the only way he can know why marriage was not consummated.
 

niranjan (civil practice)     02 December 2010

Your question is to be answered  legally that is you may prefer revision.

gdk (student)     06 December 2010

avnish sir,

judge has directed me to for test to know whether marriage consummated or not, not for why marriage not consummated.

and my husband has accepted the fact that marriage is not consummated.

my question is both parties admitted, then where is the need to prove?

gdk (student)     06 December 2010

dear self service,

i have filed case of divorce after staying with my husband for 5 months, after asking many times, he didn't for physical relationship, he didn't come forwad.

And moreover he is physically not fit for marriage, he is by birth impotent, (I mean his s*x organs are not developed at all).

Y ARAVIND (ADVOCATE)     06 December 2010

is there any problem for you to under go test as directed by the Court.  Basically admitted facts need not be proved.  Whether any allegations are made by your husband aganist you to pass such order by the Court.     


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