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(Guest)

Impotency

Please Advice 

Sirs/Mam i have been married since Oct 2015. I found that my husband is impotent/physically unable to consummate till date. He has demanded dowry at the time of marriage. I would have continued with the marriage despite coming to know of his physical incapacity to consummate. He and his mother also have been cruel towards me. The always insulted me since marriage by their comments that i am black skinned girl and he is fair. So i have filed anulment petition on ground of impotency. But he produced medical certificate of potency from a civil hospital along with his reply in the court, although he failed naturally. I do not want to continue with him any more. How can i defend my statement. How can i prove his impotency and mental torture by him and his mother  and that his family demanded dowry? I have no documentary evidence as such to prove that he demanded dowry and hisimpotency. My father asked him to take mutual divorce but he declined. I am in state govt service and my husband is a business man



Learning

 7 Replies


(Guest)

mam,

You should consult your lawyer with regards to the future course of action because only after going through your case file anything could be said. the facts above mentioned are not enough.

Regards,

Rit Arora

Advocate

7838737001

 

prabhakar advocate (advocate)     11 June 2016

If wife alleges impotency against the husband, producing fitness certificate by the husband from his doctor is not sufficient  to prove his potency.  You can challenge the fitness certificate by asking the court to send the husband to a committee of government hospital.  Next medical evidence in matrimonial cases is not the final thing.  Impotency in medical terms is different to impotency in law.  The courts held that a person may be potent in general, but he may not be fit enough to consumate marriage with the petitioner wife because of prejudices like her features, skin colour etc.  Your advocate must put good homework to find cases in that  direction, which would show  that the petitioner has to prove 'impotency of respondent qua petitioner' not 'impotency of respondent qua the whole world'.  You haven't lost the case.  His certificate proves nothing in his favour.  Go ahead.

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     11 June 2016

If you need divorce, no need to wash dirty linen in public.

 

There are many sure and simple ways to get it.

 

get a good advocate who has handled such matter.

 

Pl give your location, not exact for privacy and we will suggest you way out.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     11 June 2016

a marriage will be avoided or dissolved on the ground of impotence, on the petition of either party if it is proved that at the time of the marriage one of the parties is and continues to be Incapable of effecting or permitting its consummation either of some structural defect in the organs of generation which is incurable and renders complete s*xual intercourse impracticable or of some incurable mental or moral disability resulting in the man inability to consummate the marriage with the particular woman.

1 Like

Born Fighter (xxx)     12 June 2016

Husband has voluntarily produced medical certificate from civil hospital in the court and on top of it he is refusing MCD.......he has a point to prove and he is not ready to give up it seems. If husband was really impotent he would grab the MCD offer, isnt it ??????

 

Wife says has no evidence of dowry or impotency of husband   (weak case ) , she is a govt servant so shes having a secured job and is earning ( so no maintenance , even if she gets maintenance it will be less and for how long will she enjoy the money from husband as plans of remarriage would be underway). From Oct 2015 till May 2016 its just 8 months of marriage and without any medical examination /reports, wife has reached to conclusion that husband is impotent.........

 

EGO is playing a crucial role here.................

 

This appears to be one more case of wrong advice given by lawyer to the lady to make grave allegation in the form of impotency so that husband surrenders for MCD with Money. Now the husband does not want to surrender and will fight back...................so whats the plan Radhikaji ???

 

Chalo, if the court orders for medical examination of ur husband and if his reports again come normal then are you ready to face case of defamation plus perjury for lying to court ?? The allegations of impotency is a grave one that destroys the boys /families image and literally destroys his chances of remarriage......

 

Think again............ ............reconcile with ur husband and stand by him in his treatment (if need be) . U may succeed in getting married second time to a Prince charming but what if you develop a medical condition later in marriage...................what should the second husband do ??

1 Like

Vakalath (Vakeel No. 1)     12 June 2016

You get pregnant by some other person, get DNA test done of the baby and you can prove that your husband is impotent.  Do like that, it is solid proof that your husband is impotent and thats why u slept with some other man.  Divorce gauranteed. You can follow other advises as well.

A walk alone (-)     13 June 2016

Sister you have gone in wrong way for divorce. Only for divorce you entitled your husband impotent with out any medical report. Try MCD . Other if in medical test ordered by court he proves himself then he can file defamation case on you. This will effect you and your social image. Always file case when you have evidence otherwise you will get nothing.

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