LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Divorce of ground of saying no to s*x from husband

Page no : 3

Kumar Doab (FIN)     27 September 2016

The query has been discussed from various strances.

Finally it is your call.

If the relation is irrepairable; settle amicably, get out of the mess,  and focus on future. 



Amit Mahajan (RH-Legal)     27 September 2016

While dealing with cases of impotency the predominant
consideration   is   not   physical   incapacity   which   courts   are
often guided by, but another all important angle, namely, the
fact that non consummation of marriage, could be due to
several   circumstances   which   contribute   to   a   situation
whereby both the spouses, though physically and mentally
potent in the normal sense, find it impossible to achieve a
satisfactory   s*xual   relationship.     The   concept   of   relative
impotency which prescribes that a person suffering from no
handicap whatever still feels inhibited or incompetent vis­avis
the particular s*xual partner is now an accepted ground
for a decree in a matrimonial Court.

innocenthusband   27 September 2016

Originally posted by : sai narayana
Hey innocent_husband.. please mind your words. Not only you we are also innocent husbands :-)

Since you raised it I would like to tell that i myself is a victim of false impotency divorce case filed by my wife. So I know what I am advising to OP. We have to advise on prima-facie rather than becoming judgmental.

Even if you think Op's case is false, let it be, courts are not blind to it, for ex: court (the judge) asking my wife to reunite with me in reconciliation as I produced my physical-fitness certificate along with my counter, ofcourse my wife is not paying any heed to it.

Impotency is not a two dimensional aspect to appear as fit for court and unfit for petitioner. The medical exam will prove who is right and who is wrong. If at all what you are suspecting is true that respondent is proved to be fit then all fingers will point towards the petitioner and that false allegation itself is a valid cruelty ground for divorce and defamation suits. So we can safely leave it to the court instead of boggling our head in judging the veracity of Op's case.


I don't know about your divorce case, however it is extremely strange that the judge is asking you to reunite with a wife who has put false allegation on you which the medical test has disproved. You should fight your case on the merit of mental cruelty and the judge has to pass the divorce in your favor regardless of your wife skipping/delaying case. It should take no more than a year from the date of your test to walk as a free man. If the judge is asking you to reunite, that means your lawyer has not filed the case on the basis of mental cruelty, which it actually is. I urge you to take your lawyer to task, or take your case to the HC citing mental cruelty.


alleging impotency is the oldest tried and tested method by women to prove that the marriage is not working, many use it because the concept of no fault divorce does not exist here. However should the respondent submit result that he is not impotent, then the court has to discard the allegation and continue on passing the divorce, however only if the right conditions have been filed against.


in this case, it is clear that no man says he is impotent to the court because he is bringing a mountain of trouble on himself for the present and future. Common sense dictates that only one person wants the annulment for reasons best known to themselves. 

sai narayana   27 September 2016

I have not sought any suggestions as I know what to do at what stage in my case and also this thread is for Op's case and not mine.

sai narayana   27 September 2016

Dear innocent-husband, thanks for your concern but I have not sought any suggestions as I know what to do at what stage in my case and also this thread is for Op's case and not mine.

A walk alone (-)     27 September 2016

First of all as you say "Why it took 8 months to take a decision because we both are in two different cities from day one of our marriage, I am in Pune & he is Indore. He has come for only 4-5 days intotal in this 8months.(Saying I am busy in work can't come)" is unbelievable story. Think 8 months approx 240 days out of 240 days you only live with him 4-5 days impossible. It appears you are hiding facts. As you say" he himself accept this in front you and your family" do you have any evidence of this? Anyway first try MCD. If he really have problem then he might be ready for MCD on your terms and conditions. If this fails and you are quite sure about his impotency then file divorce on this ground. Court will search what is truth by medical tests. But remember only your saying that he accept in front you and your family doesn't matter. Court will decide on medical report. If you file case on him and it prove false then he can also file defamation on you. So be careful

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Post a Suggestion for LCI Team
Post a Legal Query