Girl filed divorce case on the ground of crelty. Main petition contains details about how sadistic husband harassed her by avoiding s*x and hiding his impotency since marriage for 6 months. Though she told about his impotency to lawyer, lawyer convinced her not to mention "impotency" word explicitly in this petition as it seems he was already collided with other side for money and existing petition also conveying the same. Infact, the same lawyer mentioned this "impotency" word in DVC case which was registered much before divorce case.
After changing the lawyer, new lawyer suggested to amend that "impotency" word and this amendement petition (IA) is also allowed by the court after 2 years fighting for justice. Then, impotent husband went to high court for appeal to drag her divorce for years as he is big sadist, mental, psycho (including his family members)..
As he does not need divorce and he is not fit for marriage for his life time till death, he is doing all this business !!
In high court, can we file counter affadavit and also file another petition to send impotent husband to potency tests to prove it?
How high court will know whether he is potent or impotent and decide appeal?
Girl's witness in lower court is not yet happened due to this dragging business by sadist husband with his appeal in high court and stay of the proceedings in lower court. We have aready filed potency tests petition in lower court also. But, due to stay given by high court, we want him to be sent for potency tests through high court only.
Can high court send him to potency tests for proving the case? or else we should get order from high court to direct lower court for potency tests now?