Naresh (In search of job) 11 January 2011

Will divorce be granted in the following situation?

Dear learned members,

(1) If Husband had filed divorce suit on cruelty 13(1)(1-a) and desertion.

(2) And the wife in her counter also prays for divorce to be granted on her grounds (impotency of husband), but not on the husband's grounds and also wants 50L as damages as her life is spoiled due to impotency. Here two cases, after referring to the doctor (a) he is proved to be impotent (b) he is not impotent

In the above scenario?

(i) If both the husband and wife not able to prove beyond doubt their allegations, but both want divorce. In this situation, will the divorce be granted, if so on what grounds? if not why? and what about the 50L thing, wife wanted?

(ii) If husband turns out to be impotent from the tests, then what happens on the divorce thing and the 50L thing?

(iii) Is there any chance of dismissal of the divorce petition due to insufficient evidence even if wife wanted divorce? Is there a chance for court to infer that for wife to get divorce, she has to file a separate petition for divorce or the counter prayer is sufficient?

-Naresh

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8 Replies

Adv Archana Deshmukh (Practicing Advocate) 11 January 2011

Divorce will be granted on the grounds which are proved. If none of the party is unable to prove its case and still wants divorce, divorce can be sought by mutual consent. Even if the wife is able to prove impotency of the husband, that does not mean that she will be granted whatever amount she claims. There is no provision for compensation in HMA, however if she is claiming permanant alimony then, it may be granted considering the income and status of the parties.

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Avnish Kaur (Consultant) 11 January 2011

agree with archana ji, she can claim 50 CRores also for that , or even Eiffel tower , but the amount she will be granted depends on income assets and liabilities of the husband. so reduce ur income and increase ur liabilities.

Sanket Sharma (AM) 12 January 2011

Becasuse of this kind of dirty women, spoiling the name of the whole women society, In the above case it is clear that she is not intrested to live, she is married just for money. and moreover impotency is not a ground for divorce

Naresh (In search of job) 12 January 2011

Adv . Archana madam,

Mutual consent is only possible if both the parties are willing settle and willing to compromise to certain extent. But in my case, though it was referred to lok-adalat, wife was insisting on 50L, so the negotiations failed and the file is returned back to the family court to decide on merits.

In this scenario, what can happen, if both the husband and wife are not able to prove their allegations and anyway, it is clear that both are not willing to stay together?

Avnish Kaur (Consultant) 13 January 2011

this is covered in a bill introduced as Irretrievable breakdown of marriage.

try to sit and get MCD. otherwise wait for IRBM bill to bre passed in parliament.

otherwise it is a war or nerves, party whu creates more pressure wins the divorce.

Deekshitulu.V.S.R (B.Sc, B.L) 07 February 2011

Archanaji is good

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 07 February 2011

By observing her case, it is only for money but not marriage life which is a gift of god. When people coming to know, Wealth is of no use. Our shadow never leaves our side. Yet it is of no use to us. How then can wealth, which can never be as much a part of our lives as our shadow be of use to us.