Divorce and impotence

1. If the husband is being accused of impotency and divorce being sought. He cannot file a divorce or annulment on the grounds of impotency because it is he who is accused of the same. 

2. A private impotency report - would normally be corroborated by a goverment lab report by the court before relying on the same. 

3. A wife is not entitled to what she or her family spent in marriage. 

4. She'll have to prove each allegation and entrustment of ISTRIDHAN as well as subsequent misappropriation. 

 

 

Bharat Chugh

Advocate Supreme Court of India

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Thanks Bharat sir husband is being accused of impotency The divorce petition was filed by wife under the grounds of impotence if this grounds of impotence comes under annulment grounds,whether court can pass annulment decree or divorse petition will close?

Firstly if person was impotent then he had no right to marry a innocent girl and spoil joy and happiness of bride and his family. This is serious cheating and fraud and misrepresentation and deceiving . Sex is a basic human and animal instinct and a birth right. Only to make it disciplined, have a committed family behind everyone the insttution of marriage has been introduced. Basic foundation of such institution rests on honesty. The male in question was already aware that he is impotenet and deceived the girl side by not declaring vital facts. Nothing less then life imprisionment must be given to him and all those who knew that he is not fit to perform  basic duty starting from first night. I feel he must own his own apologise to other party , give handsome compansation and help expiditing annulment. But knowing he had criminal bent of mind which made him deceive the innocent girl will not amicably settle the issue.

Just curious to know ... How is a person supposed to know whether he ia potent or impotent before marriage? As per law, is it mandatory to have medical tests prior to marriage?

Not withstanding the subsequent discussion, if the allegations of impotency are false, then the husband can file for divorce because alleging impotency is a great cruelty.

 

 

Regards,

 

Shonee Kapoor

Originally posted by : Amit
	Just curious to know ... How is a person supposed to know whether he ia potent or impotent before marriage? As per law, is it mandatory to have medical tests prior to marriage?

Com-on Dude!

A man does not require ASTRONOMY 2 know whether he is potent or not........does he get erections in his organ or not, is not a thing he does not know at JAWAANI WALI AGE of 21.

Originally posted by : Shonee Kapoor
	Not withstanding the subsequent discussion, if the allegations of impotency are false, then the husband can file for divorce because alleging impotency is a great cruelty.     Regards,   Shonee Kapoor www.facebook.com/shoneekapoor  Handphone: +91-8010850498 Email: harassed.by.498a@gmail.com Yahoogroups: https://groups.yahoo.com/group/sahodar

But dear shonee,

All he has to do is COME OUT OF THE ALLEGATIONS WHICH WIFE HAS PUT IN HER PETITION......THEN APPLY 4 DIVORCE ON CRUELTY.

Am I right?

On the contrary, get yourself medically tested, prove that you are potent and apply for divorce.

 

 

 

Regards,

 

Shonee Kapoor

Mr.Kapoor,I am viewing all your comments and replies to all sufferers,but pls stop this stuff coz ur comments are found to be negative ..if the aboev person has proved to be potent then he shd go back to his wife and settled down...you are just guiding him to spoil his own life...just divorce her what a solution

I have to inform you that technically, impotency is not ground for divorce. If any girl files for divorce on grounds of husband's impotency, she need to call it as mental cruelty.

If marriage could not be comsumated due to impotency of any party, one should file petition for annullment of marriage under section 11.

In case of anullment or in divorce petitions, court do not have jurisdictions to decide on the reversal of money claimed to be spent.

Court can only pass orders for reversal of stridhan,etc. but not in such civil petitions, but in criminal complaint under section 406 of IPC.

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Wife has filed for decree of nullity on the ground of non-consummation of the marriage or accusing husband as impotent...impotency claimed as general impotency or particular impotency.... if just one date has fallen and the husband is claiming that wife is impotent particularly, then he may file petition for a decree of nullity on the ground of non-consummatiion and alternatively on the ground of cruelty for making false allegations...  The husband has also right to file his petition for whatever grounds he deems fit of course after consulting a matrimonial lawyer.....Anamika Vichare, practisng lafwyer in Family Court, Bandra, Thane, HIgh Court, Sessions Court, MM Courts..  anamika_vichare@rediffmail.com

Mr. Gautam Prasad, s.11 is not the proper section for decree of nullity, s.11 is read with s.5 of the Hindu Marriage Act, 1955 under whcih the marriage can be annulled if the other spouse has a living spouse, the spouse is not major, the spouse is lunatic,

 

s.12[1][a] of the Hindu Marrige Act gves ground for decee of nullity on the ground of nonconsummation of the marriage

due to the impotency of the other spouse.   Thsis impotency could be general or pasrticular..

 

General impotency means the person is impotentt forr every other s*x impotent

and particular impotency means the other spouse is impotentn in paticular to this marriage

 

for example, if a grl is having affair and gets married to other person forcibly, she might be impotent in particular for her huscbacnd...

for this there is no question of medical test

 

medical test comes in question when the person is claimed to be impoltent generally