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Pintu   04 June 2016

Divorce against impotency ground under hindu marriage act

I am 32 yrs old Hindu girl from Assam. I got married on 4th March 2016, it is an arranged marriage and not yet registered. My husband is 34 yrs old and he has an own grocery shop & operated by him. My husband is very good in convincing people with the way of his speech, especially when it comes to argument he is very aggressive and also has the tendency to divert the topic in order to win the argument. From the day 1 (6/03/2016 1st day in our tradition for husband and wife, honeymoon) I find him having health problem related to intercourse. I was shocked to see his penis size it was too small & even not stand. I was unable to come to a conclusion as he was going on conveying that due to lots of works in our marriage, he is totally exhausted & tired so he was not ready for s*xual intercourse on that day. Next day also same he just used headphones & sleep like that. He insisted me not to share this with the elders from both the sides as they might worry unnecessarily & it will take time to come –out from the problem. He explained in such a way I was unable to confirm my doubt about his impotency and I literally believed that this will take time. But when I observed that he just stay away from me & his behaviors he might have some problem. On 9/03/2016 night I forced him to tell me what was exactly his problem? He told me before 3 days of our marriage he used B-Tex in his penis due to itching & after that he faced this problem and he was again convinced me that he will consult a doctor next morning. (10/03/2016) Next morning when I asked him to consult with doctor? He was arguing with me. He was not ready to consult with doctor & he informed to his mother & sister. His mother & sister both blamed me that why I didn’t informed them very 1st day about all this happening between us. In our tradition we both to go my home after seven days of marriage (11/03/2016). I was requested them not to inform my home because they will hurt to know this,we will sort-out the problem our self. But they informed my brother that he had going through some health problem & it was not possible to go my home on 11/03/2016, after several times of request from my house & on confirmation that I will again come back with him they had decided to go my home. Same way we went to my home & came back with him. My parents asked me to speak to his mother regarding his problem and I did the same, the moment I conveyed about his problem it was very shocking that she reacted in a very casual way as if they were aware and for the name sake told me that this could be sorted out. Even after telling her about her son's problem they never had any sympathy on me and was still treating me in the same way. I wanted to be an obedient daughter-in-law and was ready to be flexible so that I can adjust to the new atmosphere and take up responsibilities. But I felt that just because I was quiet and listening to them I was exploited more and more. Slowly it was going towards very worst way & I never found him taking initiatives to go out or spend time with me as well. My dad told me I was cheated by my husband and he has wantedly guided me wrongly so that I will not have any doubt on him. I was asked to speak to him firmly about consulting a doctor immediately. Instead of proceeding further he told that these english treatments might be costly and they might charge in Lakhs so he has decided to go to auyrveda treatment and the Dr what he mentioned was not a registered or authorized Dr. I felt strongly that he is trying to cheat me again by telling some other false facts. It bursted out into a major fight. His mom and sisters never showed any care about his problem and didn’t even ask for treatment.On march 17th morning he told me cut and right that “No one is getting married just for physical happiness, this is not the only important thing in life and if you feel that its so urgent you can take any hasty decisions and go out. I was broken by these words from him, called my dad informed him whatever happened. My dad and my mom came spoke to the entire family but the in-laws behaved very cheap, my husband almost put the blame on me that I was always fighting and that’s the reason he was unable to perform. His mom instead of discussing her son's problem diverted the topic After heavy argument he accepted that he is not perfectly all right but he was able to perform at times and he should be alright after ayurveda medications. But the attitude the family showed was very cheap and was not accepting for any proper decisions. After all this I informed my parents to come. My parants came and fixed an appointment with a recognized dr and conveyed him that we had to go together in order to sort out his problem.After the Dr's consultation, he was asked to take some basic tests and wanted him to come back with the results so that he will be adviced for the next set of tests after seeing the results.The normal tests were taken but one main test regarding with the problem( Penile Doppler) he was not ready to go through it. Dad took me back to my native, right now i am at my place, In-laws are not showing any interest. i got in touch with him and asked what exactly he wants me to do, He says its an arranged marriage so whatever the elderly people suggests he will go by that, he was very rude and told me almost that I was the one to spoil everything. Even now he is not accepting any mistakes happened in their side and I am adding wantedly to create bad image about him. He was still not ready to go through the test, he said he is fit and fine. After all this I went to police station & file police case under section 420/506/34/498(A) against him & his family. Police informed us that he was arrested on 1st May 2016 & send him to Jail. Also police confirmed us that Dr. taken out that particular test & he failed to clear that test, but police not arrested their family members. Now he came out from Jail on 29th May. But when I asked to police for that particular test report they said still Dr. not given them the report & lots of excuses, I felt the role of the police also questioning. I never get any phone call from their house or him till now. I would like to come out of it legally, I have the following doubts. Please clarify. 1. How smooth and fast can I get a divorce mentioning all these? 2. Is it possible to file divorce case before 1 year in this ground as per Hindu marriage act? 3. Is it possible to take any tablets before the test and prove that he is fit and he has no problem so that he can drag the divorce process and torture me more? 4. We both are from the separate district, police case is in his jurisdiction, so separate court for that case.Can I file divorce case in my district court or is it bad for me two cases will run in two district courts? 5. Is it possible to bring furniture & accessories from his home now? Please help me to come out from this.


 7 Replies

Pintu   04 June 2016

Please help me 

A walk alone (-)     04 June 2016

1) smooth and fast way for divorce MCD.2) yes you can apply fraud in marriage before one year on non consumption of marriage and divorce .3) if may not possible any tablet can help him in test. 4) you can file fraud in marriage at your district also.5) no. You can get all your stridhan through 406 ipc

H.JanakiManohar Rao (lawyer)     12 June 2016

Thereis no hard and fast rule that u should not file divorce case within one year.Regarding filing of case u can file in ur native place. The cases they filed could be got transferred to ur place.No question of attachment.

Dana Kayoni (Expert Humanitarian and Lawyer)     12 June 2016

Contested divorce----------> Divoooooooooooooooooooooooooooooooooooooooooooooorce

MCD__________________>Divorce in 6 months

naresh (technician)     11 July 2016

I remembar one adult sms states that "if you dont give money ,shelter ,food to a women she cant leave you....but if you dont give a good f**k then she definetely leave you".in his case also it proves that only. if you leave this s*x aside then you can live happily with him ,you can also try of children by so many advanced medical treatments.now a days a dead mans sperm also preserved for her wife to have child .that is the magic of medical scince.in this modern world every one  is suffering with some s*xual problems .think wise and go for mcd if needed. 

Khush   12 July 2016

well u can both go for mcd, well u hv now filed 498a, i am not sure whether he will be ready to live with u now. before filing 498a, u should have discussed with them about divorce

Khush   12 July 2016

well u can both go for mcd, well u hv now filed 498a, i am not sure whether he will be ready to live with u now. before filing 498a, u should have discussed with them about divorce

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