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(Guest)

Who should file application for Potency test?

I'm contesting annulment petition filed by wife one month after marriage on ground of my impotency . Actually we had no s*x ,it was not because of my impotency but she refused s*x to force me to agree to her demands. In my counter, I did not mention about her refusal of s*x and also claimed that we had s*x a few times.



At her evidence stage, she submitted her virginity certificate from a gynecologist.



Now, my advocate force me to file application for my potency test.



1) Is it necessary that I should file application for my potency test?

Any adverse effect, if I not file the application, and wait her side to file application for my potency test?

 

As far as I know, as a petitioner its her duty to file application for my potency test to prove her allegation of impotency.



2) If I do not file the application for my potency test and she also not file application for my potency test, can court pass annulment on ground that she already produced virginity certificate and I did not even file application for my potency test?



3) Any adverse effect, if I take the stand that I'm not ready to file application for my potency test, but ready to go for medical checkup if she files application for the same or court itself orders my medical checkup?



I think the 3rd option is better in this case. But my advocate is of the opinion that I should file application for my medical checkup first but not giving clear reasoning. So, please help.



Learning

 33 Replies

Arup (UNEMPLOYED)     07 May 2011

you may file application for both potency as well as verginity under the supervision of court.

then both of you have to appear.

Arup (UNEMPLOYED)     07 May 2011

2. yes possibility is there.

3. I'm ready if court itself orders my medical checkup.   ---   this will help you to overcome all inconviniences of you. you are ready to obey the court. simulteneously you show liniency.


 i think court will like it.


(Guest)
Originally posted by :Arup
"
you may file application for both potency as well as verginity under the supervision of court.

then both of you have to appear.
"


I want to know  that should I file application for my potency test? If I not file the said application, will the case be decided against me just because I did not file application for my potency test?

Arup (UNEMPLOYED)     07 May 2011

2. yes possibility is there.

Suchitra. S (Advocate)     08 May 2011

Burden of prrof lies with the person making allegations. I am of the opinion that it is she who has to file the application for potency test. It is more than sufficient for you to deny her allegations. 

1 Like

Om Prakash Dhusia (HR assistant)     08 May 2011

Dear Sonu: Ms. Suchitra is very much in line with concept. Please act as she has suggested.

Regards.

9587744142ShivShanker saini (Advocate)     08 May 2011

 

It is settled law that Burden of prrof lies with the person making allegations. I my opinion that  she raised such allegations. So she has to file the application for potency test. It is more than sufficient for you to deny her allegations. 

1 Like

N.K.Assumi (Advocate)     08 May 2011

Agreed with Suchitra, why unnecessarily file potency application, you have stated before the court that you had s* with her so forcefully plead before the Court how she moaned and screamed with pleasures writhing under you and allt hat you know.

N.K.Assumi (Advocate)     08 May 2011

You also vehemently deny that she is a virgin and that certificate of virginity is false and you can well imagine  how she can react to that.

Suchitra. S (Advocate)     08 May 2011

Assumi Sir, let us be within our purview of knowledge of law, advise what is the defence available to the queriest. There is no necessity of unnecessary explanations. Sorry if hurt. 

1 Like

mrgop (Owner)     08 May 2011

Thanks for all advice. Special thanks to @Suchitra,@ShivShanker and @Assumi.

One advocate told me that if I go for medical checkup on my application and any minor problem is found in detailed checkup, I can not say anything against the result and can not ask for further medical checkup. Otherwise, if I go for medical check up on her application and any minor problem is found in detailed checkup,I can very well contest it and ask for further checkup. So, its always better to go for potency test on her application, and myself filing application for my potency test is foolishness.

Learned members please comment on it.

Suchitra. S (Advocate)     08 May 2011

You are right.

9587744142ShivShanker saini (Advocate)     08 May 2011

If you are fit then what is harm to get check out of court, by your own way without telling to any1 abt this. then you will know actual result. which will help you to take deceission.

mrgop (Owner)     08 May 2011

@ShivShanker

I have already done checkup in a private hospital and results are ok. As I would not like to take risk, I prefer the safest way. Now, after going through all advices, I think it would be better to sit idle and let her to file application  for potency test in court.


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