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Atmaram Singh   27 April 2024

Consummation before marriage and being called impotent 10 months after


Man met his now wife in the month of Dec 2021

Marriage took place in Feb 2022

Consummation took place before marriage in Jan 2022

Wife is a medical professional as a general surgeon. Husband has phimosis(foreskin does not retract).

Wife separated from husband after 2 months of marriage due to further studies. 

Wife called man impotent after 8 months of marriage. And has maintained that the husband is impotent till date.

I want to understand will this submission hold true in courts, what will be my liability in this case? She is refusing to communicate, does not respond to messages or phone calls. Wants a divorce by mutual consent but is demanding a hefty sum for proceeding amicably. 


 1 Replies

T. Kalaiselvan, Advocate (Advocate)     27 April 2024

If she has filed a petition to annul the marriage then he can file his counter objection denying her allegations of impotency.

He can narrate the circumstances under which they had physical relationship even before marriage.

But remember that impotency is of many types, hence if necessary he should prove by medical examination his potentiality.

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