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mrgop (Owner)     25 April 2011

Annulment on impotency if husband remains absent in court

One simple question.

Wife has asked for Annulment or Divorce as alternate relief.

Can she get annulment on ground of husband's impotency if she submits her virginity certificate as evidence, and husband remains absent on all dates in court?

What if husband submits his potency sertificate and remains absent on further dates?


Is husband's absence and adverse inference enough to get Annulment?

 



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 3 Replies

Tajobsindia (Senior Partner )     25 April 2011

Whatever you may think but atleast donot take Hindu Marriage Laws to medieval Age. There is no concept or doctrine such as virginity test of a wife ! For god sake wake up to become a modern Indian Man even several of the HC's have got rid of archaic two finger test under Rape Laws.

 

mrgop (Owner)     25 April 2011

She has already asked for Annulment or Divorce as alternate relief on husband's impotency. She already submitted virginity certificate from a govt. doctor as evidence in court. If there is no concept of vriginity test, why a govt. doctor issue such a certificate and the court accept the same as evidence...just getting confused!!!

I'm asking the questions in the above context.

1) Can she get annulment on ground of husband's impotency if she submits her virginity certificate as evidence, and husband remains absent on all dates in court?

2) What if husband submits his potency sertificate and remains absent on further dates?


3) Is husband's absence, and adverse inference drawn against him due to his refusal for medical checkup enough to get her Annulment?

4) If husband not ready for medical checkup, there is no reliable proof that he is impotent, so is adverse inference enough to call him impotent and grand annulment? Any judgements in this regard?

akash kapoor (*************)     25 April 2011

See the presentment of the virginity  certificate is not enough the court  will need the certificate of impotency. But if one is absent throughout then it can invite detriments. He must be present and must prove his capabilty as to extension and penetration. As impotency in my view relates to the extension andcapability of penetration.


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