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Divorce on cheating ground

Page no : 2

T. Kalaiselvan, Advocate (Advocate)     18 July 2014

The very purpose of marriage is for procreation.  In your case it appears to be next to possible.  However, she cannot be termed as impotent due to the nature of her so called incurable disease, i.e., chronic  kidney problem. Impotency should not be confused with sterility.  The two words denote lack of two different powers. A person may be lacking both the powers or only one of them.  But if one lacks only sterility it is no ground for annulling a marriage under section 12 of HMA.  Broadly speaking. a man is potent if he has power of erection in hi male s*xual organ and woman is potent if she is having menstruation periodically.  The question of curability of impotence or otherwise is not a relevant consideration for the purposes of the referred section.

Now since you have traced out her pre-marriage medical records, which clearly signifies that her chronic ailment will not allow her to procreate children and it may even become fatal, the fact which was material to the marriage was intentionally suppressed by her or by her parents, hence an application is filed for dissolving the marriage.

Consult your lawyer on the above lines too and decide the next course legal action.

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