(Guest)

(ex-parte) proof of impotence for marraige annulment

1)In case of EX-PARTE (I-The Husband) and the petitioner (My Wife) who seeks the annulement of marriage under the ground of impotence,should she still submit the proof of my impotence to obtain the annulment by decree of null/void?

2) what if I appear in the court and agree that I am impotent, instead of becoming EX-PARTE, will the court direct me to go for medical tests?...(OR) will it accept my admission, thus annuling my marriage by decree of null/void?

3) What is the difference between
a)agreeing the charges levelled by my wife and b)becoming ex-parte...
Which one of the above options will help get the marriage annulement.

2) Is there any other ground that requires no proof from petitioner (My Wife) for obtaining annulment by decree of null

Marraiage Details :

Marriage was registered on 27th Aug 2014 under tamilnadu registration of marriages act,2009..Marriage has not yet been consummated.

Requesting your help on this regards, Sirs

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3 Replies

Tajobsindia (Senior Partner ) 02 October 2014

Originally posted by : Hareshwara Babu
	XXXX I am getting different answers for these questions...Some say, the petitioner should provide proof of husband's impotence even if husband is ex-parte...Please guide me with your answers XXXX

@ Author,

Before (ever) replying may I know why you doubt above underline quote from your own query?

Getting different answer is not reason to doubt to ask again!
Reason, in case of continuing doubt to a question of mind, it is always better to proceed with a case based on similar facts and read reasoning given by a ld. Judge, as, will you then 'doubt' reasoning of a ld. Judge too in relation to underline quote of yours if you are currently doubting wisdom of experts here / in private?

Hence seek answer to your question from a ld. Judge instead of experts is my view.

[Last reply]

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(Guest)

Originally posted by : Hareshwara Babu

Just making allegations wont suffice. You should contest such allegation and prove to court via undergoing appropriate s*xual tests as ordered by court via government doctor and prove otherwise. Null and void wont be of much use, one should get divorced legally and get decree of divorce through court, then only future will be headache-free.

2) what if I appear in the court and agree that I am impotent, instead of becoming EX-PARTE, will the court direct me to go for medical tests?...(OR) will it accept my admission, thus annuling my marriage by decree of null/void?

If you agree that you are impotent, and if marriage is not consumated, then the appeal by wife for divorce will be considered. It looks foolish to accept such a thing, I assume you are not in the right frame of mind. Such acceptance will subsequently go on paper, a document and will cause you future headache for sure, and you will have to find newer ways to un-impotent yourself in the eyes of the society.

3) What is the difference between
a)agreeing the charges levelled by my wife and b)becoming ex-parte...
Which one of the above options will help get the marriage annulement.

When your wife files for divorce, and If you dont attend court at all, she will get ex-parte divorce. You will be saved from headache of roaming to court and paying fees to lawyer. you will definitely save some precious years of life. Eitherway, getting marriage annuled etc will only lead to more confusion and problem in the future. Divorce decree is must and should to ensure peaceful future.

2) Is there any other ground that requires no proof from petitioner (My Wife) for obtaining annulment by decree of null

I am getting different answers for these questions...Some say, the petitioner should provide proof of husband's impotence even if husband is ex-parte...Please guide me with your answers

.Its such a foolish thing to do, if you are really impotent, then its better to get this done amicably via MCD. If you are not impotent and want to get just divorce, then also its better to get MCD, null and void, judicial seperation is all headache and not actual divorce, its better one of you file for divorce and decide accordingly, if you dont attend court, then automatic divorce. If attend court and start your Ram kahani before judge, case will go on and on and on and on, and after insulting each other in court for years, one fine day you both will get divorce.
Marraiage Details :

Marriage was registered on 27th Aug 2014 under tamilnadu registration of marriages act,2009..Marriage has not yet been consummated.

(Guest)

Thanks Helping Hand....I did not present the entire context of my case..My Wife is already a divorcee at the time of marriage and this is my first marriage. We are aware of it. A second divorce will surely play a spoilsport in her life. I just give away the crux of my case only.Your answer also makes sense from the generic point of view. Thanks.