Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shubhangi (Partner of Law Firm)     27 July 2009

if husband is imputant

  In case the husband is imputant, what will be the first line of action to approach to the court under which section and whether the notice prior to the filing of petition is mandatory and in case if mandatory, kindly send me the draft and / or convey me the details required in the said notice. Immeidate reply would be appreciated.



Learning

 4 Replies

N.K.Assumi (Advocate)     28 July 2009

Dear Shubhangi, there was many query in this forum in the past on this issue. yes, under the Hindu Law impotency is a ground for divorce, but whteher there is law  or  or not on this issue , I would not like to see a hindu female or a Naga female or any female living with a statue like husband or Wife. But to answer your question let me know whether impotency was pre impotency or post impotency. I mean a little bit of details is required.

Narender kumar (Advocate)     28 July 2009

Dear Shubhangi ji, Impotency is very good ground of diavorce in Hindu Marriage act. If husband is Impotant than marriage can not be consumed. So law permits to break this type of marriage.  But in most of cases where wife need divorce, she falsely charge her husband about impotency.

lawyer_rajiv (9811284735) (lawyer)     28 July 2009

impotency is a ground mentioned in the law for nullity but proving the impotency is a harculean task.  your husband may be impotent towards you but potent towards other women.  you need to investigate whether the impotency is physical or psychological.  make an averment n then proving the same are two different things.  how do you propose to prove to the court that he is impotent.  either you need to go thorugh your medical test to prove your virginity or he has to go through the test that he is impotent.  in case medically he is proven to be potent, then you will have to prove psychological impotency.  be prepared for a tough battle.

san (social service)     13 August 2009

Dear lawyer_rajiv, Just curious how is virginity of a wife tested ? Please let me know the appropriate medical test.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register