Claiming annulmen of marriage on ground of no physical intim

 In one case, the husband testified that the wife is impotent. The wife, on the other hand, refused to participate in the proceedings and refused to submit to a medical examination. The Supreme Court stated that the husband’s testimony is not sufficient. The legal grounds for annulment must be proved to exist by indubitable evidence. The wife should have been compelled (she could legally be compelled) to submit to a physical examination.

Incidentally, even if there’s no impotence, the obstinate refusal to engage in s*xual intercourse may still be a ground to declare the marriage void. As noted in one case, one of the essential marital obligations is to procreate children. Constant non-fulfillment of this obligation will finally destroy the integrity or wholeness of the marriage. The senseless and protracted refusal of one of the parties to fulfill the above marital obligation is equivalent to psychological incapacity.