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vinay_2431 (engineer)     05 February 2019

Husband's impotency after 12 years of marriage

Hello Experts,

  I have a friend of mine where his wife filed a cheating case on him and his family  that the husband and her family members cheated her by hiding the fact that the husband is impotent ,the marriage happened in May 12th 2007 and now the women wants to file a case on husband and his family members that the husband's family cheated her and all these 12 years I was not having courage to report .

   how can that husband defend him self on the above case?  the couple do not have kids, doctors were telling both are fine and do not have any issues and suggeste to go for IVF if they are not able to have kids by natural means.but she is not ready for that 

  Police didn't file the charge sheet yet, but some talks are going on  soon they will file chargesheet/FIR . 

can you please suggest a good method to defent him and his family?




 9 Replies

TGK REDDI   05 February 2019

It's almost certain the husband will come out of the Court victorious.

Lack of courage on the part of the wife is no ground.

Court favours the vigilant; not the indolent.

Moreover, doctor's certificate favours the husband.

Even if he is proved to be impotent now it doesn't amount to deceipt.    People, not uncommonly, become impotent as they age.    It's a natural phenomenon.    Not a ground even for a divorce.

Shashi Dhara   05 February 2019

Impotency is also a ground for divorce. She needs divorce .so she is making false allegations.why u fight with that lady. Both sit together come to compromise take mutual consent .if u contest in court it never ends.if u close first innings then u can calmly enter into second innings and may happy forrest life.

K.K.Ganguly (Advocate)     05 February 2019

1. No criminal case stands in the name of the husband in the given circumstances. It will be foolish on the part of the police if they register a FIR against your friend.


2. The lady could have filed a divorce suit now and no annulment suit will stand now since she came to know about the information of her husband being impotent before 7 years and not within last one year.


3. In any case the divorce suyit also will not stand if your friend can medically checked and certified as potent by Govt. Hospital as per the direction of the Court.


P. Venu (Advocate)     05 February 2019

The information posted is hearsay. It is less than professional to offer any suggestion on sensitive to issues based on second hand information

vinay_2431 (engineer)     05 February 2019

Thanks Ganguly sir,

   but based on the below point of yours, my friend  who is now 43 years old, may be during the course of this 12 years he would have  aged and may no longer have the capability to make a women pregnent now ,now if he was made to undergo medical tests the results can be anything correct [positive result or negative result as 12 years have passed by]? then in that case the below point of yours may not be a valid scenario at all ?? 

    3. In any case the divorce suyit also will not stand if your friend can medically checked and certified as potent by Govt. Hospital as per the direction of the Court.


Thaks Venu sir,





Dr J C Vashista (Advocate)     06 February 2019

No case is made out by wife at this stage.

Police has no authority given circumstances.

Sugar Daddy   06 February 2019

concealment of facts does amount to fraud however in such cases the party claiming that they have been cheated needs to prove that other party was aware of facts before marriage. that's pretty hard I have been cheated too and have proof of it. But still court will drag on for years. better to meet settlement somehow. impotency of a man can clearly be proved medically she will loose. and fir on this issue seems very foolish. I don't think police would even entertain such complaint even charge sheet is far away.

K.K.Ganguly (Advocate)     07 February 2019

1. Inability to make wife pregnat does not  make the husband impotent.


2. At the age 43 years a man does not become impotent. So, if  he gets medical certificate stating that he is not impotent, then the divorce suit filed on that ground will certainly be dismissed inatantly though there are other reasons also to dfismis the suit.


3. No case will stand if the husband is alleged to be impotent after 12 years of marriage.

Ella Jackson   12 July 2019

Hi sir,

Myself ella, i have been married on dec 24th 2018, i found my husband couldnt perform physically with me its impotency. after that i asked him soo many times whats the reason for it he use to say he s not feeling it at all, soo i asked him whether u get v can have babies through IVF n lead life. but now he s not at all accepting me as he only says that he cant give love of like husband, n u cant stay lik this as u also have life and all. but im not ready coz its a marraige n respec in d society, but he s not accepting it all. im staying in dads place now after a marraige of 2 months, he s not taking me to his home n not communicating with me,  now telling to get separated n saying he will go for legal process, elders of both the family speaking my husband side elders saying that they will do another marraige to me, but actually im not ready as traditional , but also what i can get from him as im at my dads place he s not allowing me to come to his house,

Thanks for your time and consideration.



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