Nullity of marriage : on ground of frauds on impotency

You do not have to prove that you are not impotent. Let her prove that you are impotent. She wants divorce, so do not reveal your anxiety and your stand that you want divorce. Sit tight. These things take time. Engage a good divorce lawyer who is good at dealing civil cases. Start enjoying contesting cases. Visit courts on each court date and if possible a couple of days before every date also. Do a lot of research on internet. Understand each and every procedure yourself. Be in control. You will end up a winner.

 

If she has not initiated any criminal proceedings against you, I advice you to initiate a criminal case against her. This will protect you from any false criminal case from your wife in the future.

 

Never volunteer for a medical test unless the court orders for it. Don't speak. Only listen.

Fight back and give to her what she deserves. Firstly, pray to the Court that order be passed for your potent medical test by a Uro-Andrologist in fertility department. Make a submission to the Court that you have consumate the marriage and she enjoy the s*x to the hilt, but only to harass you and your family members she is making such an allegations.

State that the all the stridhan received as gift by her family members including strangers were take by her family members and they alone are accountable for Stridhan.

Regarding maintenance if passed by the Court and if you don't have enough income to bear the maintenance which is akin to extortion, submit to the court that you will trade your kidney for the maintenance.

Lastly, file a complaint against your wife and in laws before the Judicial Magistrate under Section 200 CrPc, alleging offence under section 500 and 506 IPC.

Do not admit nor deny that you had s*x with your wife. You may also want to go for annulment of marriage of grounds of marriage not consummated. So keeps your options open and consult of good lawyer and make a strategy and then give a written statement.

 

Do not forget to initiate criminal proceedings against her. 

Thanks for the promt reply. I want to know what kind of criminal proceedings are you talking about? Like defamation? And also pls let me know what all charges I can put her/her family on.

I just want to make them understand that putting any allegations just don't work just like that. But as you know india law system are biased towards women...I'm not saying that all the 498 cases are wrong, but mostly stories are made nicely. However I'd like to mention here, my wife's uncle who is also a lawyer himself threatened my parents that if we don't guve a compensation of 15lakhs, they would charge us with 498 and compelled my father to withdraw a letter which we have sent through a lawyer requesting her to come back. Her brother yelled and howled at my dad and asked him to withdraw the letter which on nervousness my dad did and asked an apology.  The main problem is being not so much in modern technology, my parents didn't record any of the conversation or anything which could be solid proof for us to show in the court that they have given immense pressure. 

And the best part my case is, neither my wife or any of her family members have spoken anything to me till date regarding this annulment case. They only have spoken to my parents and filed this case, and one fine day I received family court summon. And now here I'm asking you guidence.

File an extortion case . Or any criminal case. Don't make mistake of taking me lightly. They can make stories and file false cases.  Go through few hundreds of supreme court judgements on any criminal case which you think you can pull off. File it before they file. Other wise you will repent it later. And by the time you will understand the benefit of initiating a criminal case, it will be too late.

Hi, I'm not at all planning to pull myself off. When we have been dragged into the mud, the mud will be on others face and hands too. I just want to be extra cautious as post November this year, I'll be only earning member of my family includes my siblings and parents. I don't want to pull off. But i just need ur guidelines I just want to know what all criminal cases I can drag them in and everytime do I need to be present for the legal hearings or not. As I said, i stay other state than my native for work and travelling everytime is quite hard and sometimes impossible due to availability of leave is private sector as u know.

Why would you file a criminal case in their state. File it in your state where you stayed with your wife. File it on your wife or your BIL, FIL. Send the arrest warrant and get them arrested. Apply your mind, many many criminal cases are possible. If your wife initiates a criminal case, then the game will be over for you. 

Contest the case filed by your wife in the family court for nullity of marriage. If you contest the case, she will need 7 life times to win it. To put pressure on you, she may initiate criminal cases on you & you family members. It happens in almost all the marital dispute. Your wife has already started lying by telling you impotent. She will soon realize that this case will not work and the next logical step for her is to initiate criminal proceedings against you.

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Hi Friends

Thanks for the suggestion & guidance. These are really very helpful and moral boasting.

@ member : 498A-Filed : Can you pls guide me that what all charges of Criminal Law I can put a case, as I'm very much unaware of Indian Legal System, hence it would be great if you could guide me, I'm very confident that I'm going to start a criminal proceedings soon.

@ member : Raj123 : I'm not bothered about what judgement she gets, my point of view is : I & my family members should not get blamed for what we are not or what we have not done & neither I'm interested to give her any compensation, cuz its she/her family who ruined my early marriage life and dreams, they are happily planning to get their daughter married once the nullity case is through. I dont care if she re-marries/remains un-married (as I'm on a verge of loosing all the soft corners for her) I just want a fair justice with Nullity.

It will not be prudent to discuss more details in an open forum. You can contact me through PM facility provided here.

I will go to answer your first post, because in the later posts you got confused and instead of ending the excruciating litigation which you wanted in the first post, you have been talking of filing criminal cases and prosecuting her and your difficulty to get leave from your work and travel so long distrance to file criminal case.  So, I stick to your first post and answer them, which would be more helpful to you:

I have decided for not staying anymore with her, so here I want to know the below mentioned

1. Can the court grant any amount as maintainence/compensation.

As she has filed annulment case, if she has not specifically asked for maintenance, it will not be given.  If she asked, depending upon her economic condition, during the pendency of the petition, note only during the pendency of the petion, she will get maintenance.  If she gets annulment decree, then you need not to pay maintenance after the case is over.

2. How the family court can go about this kind of cases.

She need not file any documentary proof to prove your impotency.  She can simply file an application asking the court to direct you to go to medical examination.

3. As I'm ready to go through any medical test, do the family court will give me such options?

If she moves such application, you put no objection and go for medical test.  If you are quite confident about yourself and want to demolish her case, then you can go for medical examination.  If you are not interested to continue this relationship any more and you want to get rid of her as soon as possible and that too without paying any maintenance, then without challenging her allegation, you can get the relief.  BUT REMEMBER, THE STIGMA OF IMPOTENCY MAY STICK TO YOU, WHICH MAY HAMPER YOUR REMARRIAGE.

4. As I heard somewhere, that the family court doesnt allow any advocates for any proceedings, How should I prepare myself as her family members (Brother & Uncle) are lawyers and will defintely be present at the time of the proceedings.

Most of the family courts allow advocates and in your case, a good advocate is required.

5. How much time generally it takes to get this process done, its not that I want re-marry but I'm in very much tension and want to get rid of these tension and anxiety sooner.

If you do not contest her allegation and appear in the court and accept the allegation obliquely, bearing in mind the above said warning given by me, then the matter will be decided within one year.  If you contest, it will take two and half to three years in the trial court and there are two more appeals lie in these cases.