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nivedhya (nill)     24 December 2013

Divorce by impotency

 

Myself nivedhitha . I got married on November 2012 . My parents gave me 60 pavan gold  and electronics equipments as a gift . My husband parents  kept my gold in their bank locker .  After 2 months , i realised that my husband is impotent .  I don’t  know it’s impotency or not but we never had a s*xual relation , because he is never been erected . He had come ( semen ) by self masturbation but  He was not able to break my virginity .   Then i told him that we can consult a doctor but he wont come and said me that he is homos*xual and he will never going to love me . Then I was shocked and  i realised that he was cheating me . if i stay with him he will spoil my life . so i  told this to my parents . They call me back to home and register a divorce case against him .

But  our problem is my gold and every things are in their custody . We are married by hindu marriage act but we don’t had a sndp registration . we missed our gold bills . Now they register counter against me . They saying

 1) he don’t have any physical problem and we had s*xual relation  2) my parents  gave him only 30 pavan gold . from that gold I bring the 25 pavan to my home for the regular use  and the electronics equipments are brought by him 3)  I am a s*xual maniac and   mental patient too.. But these all are lies.

Sorry for my English , I hope you can understand our problem .  Our advocate is not saying anything clearly he is only saying that everything will be fine and he is not sure about gold.   my parents spend almost  8 lakh for my marriage expenses . he is not saying about this .  Me and my family is in big trouble . is there any chance to win my case . if we can win how about my gold , is there any solution to get it back . if we can win how much compensation we can ask for this type of cheating . I am expecting your suggestions to handle my issue.  

Thank you 



Learning

 17 Replies

T. Kalaiselvan, Advocate (Advocate)     24 December 2013

Please lodge a complaint before the women cell/police for directing your husband/his parents to return the gold items along with the other items that belongs to you, if the local  police is not cooperating, you may approach the higher police official, always keep a complaint copy, divorce case copy and other information what ever you have in your possession, if you think that your lawyer is not effective or not cooperating properly, change him and engage another lawyer, in your divorce petition  ( you should have filed for annulment of your marriage on the grounds of his impotency), if he is denying your averments, you may file a petition to direct him to appear before a qualified doctor for medical examination, this will give a jolt to him.

1 Like

(Guest)

How can you win a false case of 498a? Compensation is you should wait as a spinster for another decade. Marriage expenses are non-refundable.

nivedhya (nill)     24 December 2013

 Thank you  T.Kalaiselvan sir for your valuable reply . sir i am not sure about his symptoms  are impotency or Erection problem . He was not willing to consult doctor and he said  that he hate girls and he is  homos*xual . Now we are separated almost 1 year . I am not sure about  in this period whether he  consulted any doctor or took treatment  , But one thing i am sure is that  i  am virgin.  if we request for medical check up and if he pass the check up  , then there is any chance to  case will against us ? 

nivedhya (nill)     24 December 2013

Thank you stalker ,  


(Guest)

Did you guys try to talk to each other and see if there is an amicable solution available. Instead whats the point in going for cases after cases?

R.K Nanda (Advocate)     24 December 2013

FILE PETITION FOR ANNULMENT OF UR MARRIAGE ON GROUND OF IMPOTENCY IN FAMILY COURT.

1 Like

rajendra (na)     24 December 2013

File a 406 petition in police station 

file a divorce petition under section 12 a(impotency ground)

once u win the divorce send legal notice of the amount you want(marriage expenses,dowry,gifts)

never launch false 498A,DVC against them 

Good Luck!!!!!!!!!!

1 Like

T. Kalaiselvan, Advocate (Advocate)     24 December 2013

Your husband's homos*xual weakness itself is a ground for annulling you marriage, non-errection, pre-mature ejaculation and few other in capabilities constitute to be called as impotency, further he had totally avoided s*xual intercourse with you, so non-cohabitation or non consummation of marriage also can be a ground for annulling the marriage by a decree under null and void.  As far as return of jewels, you can lodge a police complaint, which will be the fastest means of recovery of the same.

1 Like

Vivek (manager)     25 December 2013

I dont think Pre Mature ejaculation will be taken as impotency.  Proving impotency is hard and takes lot of time in court also money. Whether he is homo/impotent or watever, better is to talk and settle the issue.

Vivek (manager)     25 December 2013

I dont think Pre Mature ejaculation will be taken as impotency.  Proving impotency is hard and takes lot of time in court also money. Whether he is homo/impotent or watever, better is to talk and settle the issue.

1 Like

Ms.Nirmala P.Rao (CEO)     25 December 2013

If you have proof of your dowry, stridhan and other articles given to your husband and in laws  you can recover the same in he same in divorce proceedings  by seeking the annulment of your marriage on account of  non consummation of marriage owing to your husband's impotency after giving due legal notice to them. If you wish to thank me for this reply please click the thank you button on this forum.

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 December 2013

Dear Querist you should filed a case under section 406 of IPC for return of your stridhan before police or court as you think better.
1 Like

(Guest)

 hi nivedya,

Sad to hear you! ..

A/T your PM & query I have the following say:


Your case is base on fraud and suppression of material facts.The non-consummation is the utmost ground for divorce but you have another ground for annulment of marriage on the basis of impotency that is U/S 12ic HMA.The impotency or DE itself a material suppression prior to marriage and you have given a consent for marriage in dark.I don't know whether your lawyer had filed annulment U/s 11 HMA or 12 HMA?

But the basic point is that you marriage is solemnized on the basis of forgery.Once you prove his Impotency via medical examination ordered through court then you can drag him with compensation to cheat on such ground and could also ask for compensation.
On the other part i.e money which were expenses on your marriage would be asked as by compensatory ground in lieu of loss and damages incurred for his fault.But in divorce or after divorce the expenses incurred on marriage could not be asked on any ground.

For Gold and your other Stridhan there is separate section I.e breach of trust comes U/s 406 IPC to reclaim such articles from any body who have taken your such items on good faith and didn't returned after that.

So,in my view you would have gone for a GR case through police and if they would have not taken any action to lodge FIR then you have another option to file a complaint case U/s 192 CrPc R/w U/s 200 CrPc as a private complaint case the magistrate would have taken cognizance after examine you and the witnesses made appeared by you thus making the prima facie case.
It is clear from all the odds that your marriage is all dead whether from your end or from his end what ever.So,it's wiser to end this scrap by any means whether through mutual divorce if annulment is dragged for years or if he is not agree then fight your case on merit and even claim Interim maintenance U/s 24 HMA during the pendant lite of annulment case or contested divorce whatever suits you according to the situation aftermath.

Yes.You have to be careful on your allegation for his impotency.Don't make a false allegations which defame his reputation and he could file defamation and perjury cases on you once it falls apart.So,be true and genuine when you are going for annulment case.

Thanks & regards
(ESIS)

1 Like

(Guest)

hv sincere sympathy with u for the naseeb plays cruel joke with u.

thank you to clarify few points of ur postings which r not coroboratting  ur own posting:

1] My parents gave me 60 pavan gold  and electronics equipments as a gift.

2) my parents  gave him only 30 pavan gold . from that gold I bring the 25 pavan to my home for the regular use  and the electronics equipments are brought by him .  [ mean to say u disposed of for regular use - day to day use (daily expense)???]

my parents spend almost  8 lakh for my marriage expenses . [inclusive of total cost of gold ???]

normally no one raise a doubt/question to the story of client bcoz of fear of loosing...

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