I have filed for divorce for unconsummated marriage of 5 years. I have all the medical records of wife from many reputed hospitals she was taken to by my family and me. In fact I have filed under section 12(1)(a) R/w 13(1)(ia). It was not refusal but inability to have s*xual relations. She has physical (rigid muscles) , medical( vagainismus, fibroids), and psychological ( fear of pain) problems. She has herself stated in different cases that the marriage is not consummated that too sworn under oath. It is altogether different matter that she has unabashedly accused me for that. She has stated that my parents and I took her to hospitals for the husbands problem.
the law states that the spouse who is unable to have physical relations due to medical, physical or psychological reasons can be deemed impotent and the marriage nullified. No doctor stated that the problem can't be cured. And I am not sure any doctor is going to certify. She was taken for counsellings too. It has to be proved that she is legally impotent. With all the medical records and her own statements will I be able to prove that she is legally impotent? I read that proving impotency is a Herculean task. Won't these medical records suffice? Will the court show any inhibitions to declare an individual as impotent and that too a woman.? Is there any time limit? Experts, kindly refer to - Vinod Chand vs Smt. Aruna Dubey AIR1977 Delhi 24. She never really suffered as the whole matter was kept with in the the four walls as we feared that she would be insulted by relatives and friends. Of course her parents knew about it and they also took her to one or two doctors and left it at that. And now she has accused us that we have colluded with hospitals and doctors to produce these medical reports. The reports are from some of the best names in the city and from the most reputed of hospitals. Sometimes I find all her allegations funny but on a serious note will these delay the proceedings endlessly? My family and I tried every trick in the book to make the marriage work. The real cruel game started from their side once I made it clear that I am going for dissolution.