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Arun   27 May 2019

Impotence allegation - voidable marriage

My spouse filed a petition of HMOP seeking annulment of marriage under impotence. She also filed false allegations that since marriage we stayed only for 2 months and due to the my inability to intimate with her in bed I tortuted her both physically and psychologically which made her to think that it's a risk to her life.

However, all her allegations are false. For example, as per her statement she stayed with me till Aug 2015 but our marriage was registered on Nov 2015. My recent record of co-existence is the IRCTC ticket booking in Dec 2018.

I underwent some investigations two years ago and now which all reveal normal findings. Moreover, I also have some insurance claim receipts and photocopy of the discharge summary of her hospitalization and some lab reports to substantiate that I avoided s*x  due to her persistent abdominal pain and heavy blood loss during her regular periods.

Is it legally justifiable that I denied intercourse with her not because of my inability but due to her health issues?



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 6 Replies

Anish Thakur 7018812737 (advocate)     27 May 2019

defend your side stating all these facts and if she herself demanding divorce my personal opinion is to give her that and start your life fresh. There are very less chances where the culprit wife herself want to get divorce. Hhowever ask her to withdraw present suit and file divorce u/s 13b hma mutual consent.

yousuf mohammad (Law Student)     27 May 2019

@ARUN, You are hiding real facts.. can you share your case number, court details?

yousuf mohammad (Law Student)     27 May 2019

@ARUN, what all cases filed on you? Is it HMOP only? Don't think so.. If you can provide correct details, then correct response will be given.. Otherwise, you get wrong replies and you will get into more troubles..

Arun   27 May 2019

At the same time, I am getting offers to move abroad. 

Hence if I agree for divorce (uncontested), but at the same time defend myself that her allegations are false, will it interfere with visa processing?

Arun   27 May 2019

Originally posted by : Arun
My spouse filed a petition of HMOP seeking annulment of marriage under impotence. She also filed false allegations that since marriage we stayed only for 2 months and due to the my inability to intimate with her in bed I tortuted her both physically and psychologically which made her to think that it's a risk to her life.

However, all her allegations are false. For example, as per her statement she stayed with me till Aug 2015 but our marriage was registered on Nov 2015. My recent record of co-existence is the IRCTC ticket booking in Dec 2018.

I underwent some investigations two years ago and now which all reveal normal findings. Moreover, I also have some insurance claim receipts and photocopy of the discharge summary of her hospitalization and some lab reports to substantiate that I avoided s*x  due to her persistent abdominal pain and heavy blood loss during her regular periods.

Is it legally justifiable that I denied intercourse with her not because of my inability but due to her health issues?

At the same time, I am getting offers to move abroad. 

If I agree for divorce (uncontested), but at the same time defend myself that her allegations are false, will it interfere with visa processing?

yousuf mohammad (Law Student)     28 May 2019

@ARUN, You are hiding real facts.. can you share your case number, court details? what all cases filed on you? Is it HMOP only? Don't think so.. If you can provide correct details, then correct response will be given.. Otherwise, you get wrong replies and you will get into more troubles..


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