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Rishi kumar   05 July 2017

Impotency

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. 



Learning

 33 Replies

Sachin (N.A)     05 July 2017

What is the question?

Rishi kumar   06 July 2017

Respected Sachin,

my question is, even with all these evidences on my part, will the case drag on for years? As of now  the court has given me a date after 3 weeks. How will I ensure that the case doesn't drag?As such I  just pretend that I am in no hurry to wind up the case. It is in my city only and I attend all dates with a cool attitude.

What are the other precautions I should take in  this regard? 

They assaulted me and tried to terrorise us  asking for nearly 1 crore as damages in DV and now not giving evidences. There is no medical certificate(not even a doctored one) in any of the cases. Simply that we harassed for more money where as there was not a single paise taken and no harassment whatso ever.

Now that we did not budge and are fighting the case,  it looks like they want to drag the case as they may not get her married again. And that may be the reason the objection came 14 months after I filed for divorce.

lawyer is there. But says " let us wait, let us see".  And I am not unhappy. Because whatever breakthrough I had , I owe it entirely to this forum members. One example is the low maintenance . 

I need support from all experts . Thank you

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     09 July 2017

In matrimonial matters, the party which is losing the case will drag the case.  The judges who do not want the matrimonial tie snapped will also drag the case.  What you can do is not to drag case from your side and besides that you cannot do anything in these matters.

1 Like

Rishi kumar   09 July 2017

Thank you Samarpan Sir.

Rishi kumar   09 July 2017

Thank you Samarpan Sir.

Kumar Doab (FIN)     09 July 2017

If the medical history shows that regular and specializned treatment was arranged and has failed and/or disorder is incurable, courts may not neglect it.

Rest you have been advised by Mr. Samparan, to which I agree.
 

1 Like

Rishi kumar   10 July 2017

Thank you, Mr. Kumar Doab for giving me confidence.

Rishi kumar   10 July 2017

Hello Amisha Trivedi,

i thanked Kumar for giving me confidence to fight the case. Try to uphold the decency and decorum of this forum. I know it doesn't mean anything to a person like you. No one here is begging you to reply. I have seen some of your posts here and it shows what kind of a person you are. Eventhough your identity. Is not revealed here, you should be ashamed.  I request the dignified forum members to ignore him or her.

 

Kumar Doab (FIN)     10 July 2017

Dear LCI querist @ Mr. Rishi Kumar, 

It is good that you have gone thru all posts.

 

 

 

Kumar Doab (FIN)     10 July 2017

You are welcome.

Rishi kumar   11 July 2017

Dear experts, I am looking forward to some more clarifications. Should I insist for nullity or divorce?  My question is are the above stated medical reports proof enough for nullity? I can also call for the reports of counselling from one of the government hospitals where we went for counselling. They have not given any reports but but said will come with the report once they get a summons from the court as per their procedure. OR should I go for dissolution as even she has stated that the marriage is not consummated?

one more question. I have a whole lot of proof like her electricity bills and land line phone bills of her flat for all the years. But she has stated that she never lived there insisting that she lived in the shared household to rope in all family members in all cases. Should I mark these as exhibits beforehand or is it enough if it is produced during the cross?

Prashant Mane (Legal Officer)     11 July 2017

Mr Rishi if you prove your marriage a failure by the medical reports then order will be made in your favour. The case is miscarriage of marraige so nullity.


(Guest)

Dont think and be misguided that proving wife has s*xual problem will entitle to get you divorce.

This ground is very troublesome, neither you can prove her problem legally, nor can you prove that you are unfit medically.

Proving, only will take lot of time.

In this you will both lose precious years. Adv Amisha is correct.  If you cant enter the v**gina, you are impotent (unable to have proper erection, sufficent to enter the v**gina).

If you prove that v**gina is very tight, you are doing self goal, by proving you dont have enough strength.  Thereby you will prove yourself that you are impotent.

Papers wont be of much use in this case, finally these thinggs can never be proven beyond doubt.

Only papper which will be useful is your own petitoin papers where you mentioned that her v**gina is too tight.  THey can take that copy and circulate among the community to tarnish your image, saying you are d**kless.

You both will lose precious years.  Simply take mutual divorce or adopt a kid and continue married life.  

I pity people like you and it is sad that nobody suggested so far anything like what I have suggested.

Rishi kumar   11 July 2017

Hello sachidananda,

i am not refuting whatever you have written. But I think , before making any comments, you should understand  what these terms mean. Do not bring politics into this forum. Of course, you and Amisha are free to write anything as this is an open forum. Kindly understand that my metro city hospital Gynaecs and doctors are not fools to treat the wife if the problem is with the husband. I think they are sensible enough to ask questions and find out with whom the the problem lies. May be you are right in judging how court cases are decided or kept undecided. But I request you to learn a little more biology along with your law points. Let us not settle scores with persons who we really do not know personally. Still continue with your replies as they are educative and practical even though a bit offending.

i read everywhere that unconsummated marriage is sure ground  for divorce. And I ask where the problem is when both husband and wife agree that it is so.


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