Husband Impotent

Mr. Vikas,

It is best to avoid legal proceedings like 498 or DV act.   It would be wise to get a mutual consent divorce at the earliest.  You may seek compensation from the husband's family in lieu of mutual seperation.  Even in case if no compensation is given, you can opt for mutual consent and save your sister being harassed further.  You can also easily look for some other good boy for your sister's remarriage.  It is the peaceful and simple way for a happy life.  If you try something different like lodging criminal cases or family court proceedings, I can frankly say that it will only add fuel to fire and delay the issues and it will be monetary loss for both the sides.

Speak gently with the husband's family and arrange for mutual consent and part your ways peacefully.

Thanks you so much Mr. Krishnaa for your response. That very true what you adviced. But I do not see any possiblity of mutual consent. They are also threatning us to file a case that my sister is characterless and hence their son has not made any physical relation. However this is no true at all. We have to move to court Mr. Krishnaa, so please guide us. We do not see any other easy way.

FIRST OF ALL GET HIM MEDICALL AND PHYSICHOLOGICAL TREATMENT. PRAY PROPER RESPECT TO HIM BY WHICH HE FEELS THAT YOUR SISTER IS THE BEST FRIEND OF HIM. IF THIS FAILS THEN TRY FOR LEGAL ACTION.

WHAT MR KRISHNA SAYS, IE 'MUTUAL DIVORCE' IS THE BEST POLICY.

DV OR 498A IS THE LAST POLICY.

ONE THING SHOULD BE NOTED THAT IF YOU DIRECLY OR INDIRECTLY HINTS ONE THAT HE IS IMPOTENT, HE WILL BE AGRIVED, AND HER GRIVENCE IS GENUINE.

PLEASE READ 'AND HIS' INSTEAD OF 'AND HER'

SEC.12OF THE HINDU MARRIAGE ACT.

Voidable marriages.  

(1) Any marriage solemnized, whether before or after       the commencement of this Act, shall be voidable and        may be annulled by a decree of nullity on any of the       following grounds, namely

(a) That the marriage has not been consummated owing to the importance of the respondent ;

THIS IS YOUR SEC. 

pray accordingly at the family court/distt. court.

court will order for medical test against your complain.

medical test of respondent.

Hi

Mr.Vikaas

This with reference to your query abt your sister as a brother you were serioulsy concerned and seeks an opinion to take an ouappropriate decision. A s you have mentioned that your sister got married recently and now she is not in a position to continue her life with him. I once again advice you to just have a clear view of your sisters decision because sometimes they take the decission for the sake of family members. If her husband is really impotent as you mentioned then she has a remedy to seek a divorce on the same ground which also relates to cruelty under the Hindu Marriage and Divorce Act 1955. These are the grounds mentioned below for your perusal.The highlighted clause is useful for you.

The following are the grounds for divorce in India mentioned under the Hindu Marriage Act, 1955.

Adultery – The act of indulging in any kind of s*xual relationship including intercourse outside marriage is termed as adultery. Adultery is counted as a criminal offence and substantial proofs are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce.

Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse s*xual act and such are included under cruelty.

Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.

Conversion – Incase either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground.

Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together.

Leprosy – In case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground.

Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. The s*xually transmitted diseases like AIDS are accounted to be venereal diseases.

Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.

Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.

Thanks Mr.Gupta.

Please be assured that we have been very co-operative and polite with him dispite of the fact her husband is not s*xually fit. Being a man I can very well understand his feelings and took utmost care not to touch his ego. Since there was no co-operation from husband, we approached his brother in law. Some how he convinced the husband he was ready to go for phycometry test adviced by doctor. He went till the hospital, got my sister appeared for the test and he himself did not went through the test. Had a argument with doctor that he will not co-operate for any test and started fighting with my sister. He started abusing her and ran after her to beat him. Somehow my sister escaped from the hospital. At present both of them are living separately.

These people are highly un co-operative and now should be dealth in the court. Hope you will understand our concers and situation of my sister.

Regards,

Vikas

i see then pray for nulty u/s 12(1) (a) alongwith sec 13(i) (ia) cruelty.

12- posted by me & 13 by mr mazharuddin.

if the person do not come in line in straight way then start dowery,498a, dv etc. because there is no other way.

Sec.12 (a) of Hindu Marriage Act reveals that the marriage has not been consummated owing to the impotency of the husband it shall be voiddable marriage and that your sister will attend before the Family court and file petition for divorce U/s.12 of H.M. Act for nullity of marriage.  If the contention of petitioner is correct the respondent may not be attended before the court and she will get exparte decree of divorce, if he attended before the court and contest the matter, the Court should be sent the respondent and send him for medical examinatioin, thereupon on merits the court pass orders.

Sec.12 (a) of Hindu Marriage Act reveals that the marriage has not been consummated owing to the impotency of the husband it shall be voiddable marriage and that your sister will attend before the Family court and file petition for divorce U/s.12 of H.M. Act for nullity of marriage.  If the contention of petitioner is correct the respondent may not be attended before the court and she will get exparte decree of divorce, if he attended before the court and contest the matter, the Court should be sent the respondent and send him for medical examinatioin, thereupon on merits the court pass orders.

Respected all,

I thank you for the valuable suggestions.

At this point of time, I understand that we should file a petition for divorce and nullity of marriage on the ground of impotent husband and not against dowry. Hope my understanding is correct ?

I have a serious concern here. The court will ask husband for medical examination and he has to appear. In case, his medical report do not suspect any medical se*ual inability in husband than what would be the situation ? Will court ask my sister to go back and stay with her husband ? This would be very though situation for her and she will not go back in any circumstances.

With the two genuine facts that her husband has not made any physical relations with her since 3 months of marriage and secondly her husband and his family harass her with their money demands often, please guide us as in what manner should we file the case against her husband and his family. Under what section and grounds we should move to the court. We have few evidences like recording of telephonic discussion between both of them   where husband is demanding money and asking her not to came back to his house. A letter from hospital from where her husband ran away and escaped the test and so on.

Please guide me sir’s.

Regards,

Vikas

Respected all,

I thank you for the valuable suggestions.

At this point of time, I understand that we should file a petition for divorce and nullity of marriage on the ground of impotent husband and not against dowry. Hope my understanding is correct ?

I have a serious concern here. The court will ask husband for medical examination and he has to appear. In case, his medical report do not suspect any medical se*ual inability in husband than what would be the situation ? Will court ask my sister to go back and stay with her husband ? This would be very though situation for her and she will not go back in any circumstances.

With the two genuine facts that her husband has not made any physical relations with her since 3 months of marriage and secondly her husband and his family harass her with their money demands often, please guide us as in what manner should we file the case against her husband and his family. Under what section and grounds we should move to the court. We have few evidences like recording of telephonic discussion between both of them   where husband is demanding money and asking her not to came back to his house. A letter from hospital from where her husband ran away and escaped the test and so on.

Please guide me sir’s.

Regards,

Vikas

Go for mutual consent divorce,, Do not go for any unnecessary criminal cases in any condition, those will haress everybody, only some specila group of people  will take advantage.

If husband not becomes ready then also women have lot of extra grounds to take divorce, The peron who do not have much grouonds is husband not wife.