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Vicky (Manager)     27 September 2014

Ed problems and divorce compensation

Hi,

I got married in Feb 2014. I was not able to perform well in bed and found out that I have erectile dysfunction,  I did not know that I have ED before marriage bec I was getting erection as well as able to mast*ate and maintain an hold till the sperm come out. I realised only after marriage that I could not hold for a full s*xual intercourse.  My s*xual life went on for 2.5 months without missing even for a day.  First month we thought that she was pregnant. When we went to the hospital the doc told it was due to "honeymoon cystitis" and not pregnant.

After 2.5 months, she started hating me, ill treated me and many petty problems started in our life. Finally 3rd month she told her parents about it.  Big fight fought between both families and by 4th month we got seperated.

At 6th month, she filed for divorce.  Now her lawyer is asking us to pay compensation (out of court) or many FIR will be filed against us.  They also thretening us that they will sue us.

 

The 4 months she was here, myself n my parents treated her very well.  It was she who illtreated me. We also returned all jewels brought by her making her and her family members sign in an ordinary paper that all things brought by her returned to them.

 

My questions right now is:

1. Can they sue me or ask for compensation? Will it leave me into a situation where i hav to pay lakhs to them.

2.  She does not have any medical records to prove i hav ED, thought I went to doctor 2 times and once she accompanied me. There is no record in d hospital to prove i went to hospital.  Can the court direct me to have potency test.  IS THE TESTS compulsory or can I deny those tests if court directs me citing my privancy.

3.  Thought I was able to insert, she is denying now that I did not get even partial erection to all.  there is no way to prove myself i had an erection. if i go for tests, its going to be not in favour. I decided myself to take a video of my erection to prove that I had an erection and I did not cheat her in anyway.  Thats d only way I hope to tell d court and d world that I did not cheat her in anyway. Is video evidence admission in a court of law. Is there any other way to prove I am still getting an erection even today.

4.  She is also earning somewhat eqivalent.to me n she has studied more than me.  No kids as I hav ED. Is she elegible for jevanamsam. She is 27 and surely she will remarry.



Learning

 4 Replies

Tajobsindia (Senior Partner )     27 September 2014

Originally posted by : Vicky

 

XXXX

My questions right now is:

1. Can they sue me or ask for compensation? Will it leave me into a situation where i hav to pay lakhs to them.
Take: No.


2.  She does not have any medical records to prove i hav ED, thought I went to doctor 2 times and once she accompanied me. There is no record in d hospital to prove i went to hospital.  Can the court direct me to have potency test.  IS THE TESTS compulsory or can I deny those tests if court directs me citing my privancy.
Take: yes court can subject you to undergo tests if she files for such relief otherwise she has to prove them. If you deny then it may go adverse and her allegations subject to her proofs will be granted to her.  



3.  Thought I was able to insert, she is denying now that I did not get even partial erection to all.  there is no way to prove myself i had an erection. if i go for tests, its going to be not in favour. I decided myself to take a video of my erection to prove that I had an erection and I did not cheat her in anyway.  Thats d only way I hope to tell d court and d world that I did not cheat her in anyway. Is video evidence admission in a court of law. Is there any other way to prove I am still getting an erection even today.
Take: Donot be over obsessed with such most common obsession of Indian men (
fair lady for a bride and full erection 24x7 are favourite obsession of young’s) even though you claim to have a medical condition and it is temporary and curable is what medical science says. Video of such nature may be submitted as secondary evidence subject to fulfilling conditions of its admissibility. 



4.  She is also earning somewhat eqivalent.to me n she has studied more than me.  No kids as I hav ED. Is she elegible for jevanamsam. She is 27 and surely she will remarry.
Take: No.

great india (manager)     30 September 2014

Relax and ask the opp lawyer to filr for mcd with zero alimony.... Else let him file cases.... If she in a hurry to remarry...... Lrt her hurry up..... Now or later thry might spread the word about your ED....... So ask them for mcd.....else let cases continue...... Sooner they'll succumb

Vicky (Manager)     06 October 2014

First of all, thanks for taking ur time in replying to my post.

 

Whether she is a hurry to remarry or not, they only wanted Money from us. They are asking for 5 lakhs spent on the marriage plus compensation. The girls lawyer is threatening us that they would book us for cheating and would sue us.

 

1.  If that is the case, and if it goes to court, with my ED problem will I be able to put a fight. Will d court direct us to pay 5 lakhs spent on the marriage by them keeping in mind my ED problem.

2.  Given my condition of ED, will I be able be oppose mutual consent.  I dont want to pay any alimony or compensation.  At this point in time, as we also spent the same amount as they, it is a bit difficult to pay what they ask.  (As previously said, she is earning 60% to 75% of my salary.)

Adv. Chandrasekhar (Advocate)     06 October 2014

1.  You consult the doctor independently and find out if there is really any problem.  If it is so, also find out whether it can be cured.  If the answer for these two questions is yes, get treated and cured.  If your problem is temporary and  that too only in respect of this particular lady due to her hostile behaviour towards you, that also must be ascertained.  After all these medical things are over, you shall have a talk with her and convince her there can be resumption of matrimonial life.  If, god forbid, that her apprehensions are correct then also you need not feel any disheartened for this problem.  Then try to snap the relation as smoothly as possible.  In my opinion, in such a situation, it will be your responsibility to meet atleast half of the marriage expenses they incurred.  By paying that you go for MCD.  If you are medically fit and even then they insist for divorce/annulment, then let them choose the option they like and if they file any civil/criminal cases, contest them on merits. 


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