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Impotency allegation

Wife filed a case of annulment 45 days after marriage and also alleged mental cruelty. She and her parents have also submitted evidence on affidavit alleging my impotency and mental cruelty . I have already got myself tested in a govt hospital which has confirmed my potency. 

Can i prove my potency by submitting this medical document at the time of her cross examination. Will the court accept such certificate without calling the doctor or i have to call the doctor , please advice or whether the court will order fresh medical test. I am also thinking of filing defamation case against my wife for this grave allegation.

 8 Replies

NATARAJAN IYER (Proprietor)     22 April 2016

Yes, it is acceptable evidence.


Yes, Court will accept it on record.


Yes, Court might order a fresh medical test. It depends on how her advocate or she herself  drives her vehicle of argument.


No, not only defamation, formally get a report from a psychiatrist on the effects of defamation on a person's mental health and based on the list of psychiatric effects he issues, see which section of the law can be applied and invoke that.


You seek a medical examination of that woman for potency. Many women are impotent and this fact is known to the doctors and lady advocates but they would not reveal it for reasons best known to themselves.


If she is proven impotent by a medical centre commonly agreed upon by both of you and one from the list, selected by the court, then you can file for divorce on the grounds of cheating by them and file criminal case of cheating too against them.


First give her a dose of her own medicine. Submit a prayer seeking court direction that she undergo medical examination to see whether she is impotent or not.


All other things can wait.


Agree with above, follow what has been advised.


thanks sir


one more thing sirs , at the couselling stage i said to the cousellor that due to mental stress i could not consummate the marriage but i am potent.  will my comments at the counselling impact on the case. If she raises my admission i,e non-consummation due to mental stress at the time of cross examination , how should i counter it 

prabhakar advocate (advocate)     23 April 2016

In law impotency is different to the impotency defined in medical science.  The court will see whether the respondent is impotent qua petitioner or not, but not qua the whole universe.  In other words, a person may be potent, but he cannot consumate with his partner.  That part, court will consider.  The Court may send the Party for medical examination from a competent Govt. hospital, but the court will not solely rely on such medical report and consider other relevant grounds also, once parties admit that consummation has not happened.  The statement what you had given in counselling will not put any hardship to you, because the averments and statements before counselling would not be brought before the court.


What i should ask during cross examination to prove that non-consummation was not due to my impotency but because she kept away from me. She used to always quarrel on petty issues. She always behaved rudely with me. She never allowed me to consummate except  one day when she allowed me to try but due to mental stress i could not consummate , she and her family members came to the conclusion that i am impotent and filed the petition alleging me impotent. I admitted  in counselling stage that i could not consummate due to mental stress but i am potent and  Medical tests also confirmed my potency.  Further she alleged that i never contacted her when she was at her father's house. She also alleged that i demanded dowry. I never demanded dowry. All these allegations are baseless. What should i ask her during cross examination to prove that(1) i am potent and she refused to consummate (2) I never demanded dowry (3) I did not do any mental or physical cruelty on her (4) And when should i submit the medical report of govt hospital



What purpose is being served by this litigation? It seems clear that the marital relatonship is severed permanently. Why don't you discuss with wife and try to arrive at mutual terms to end relationship. You may cooperate with annulment or go for mutual consent divorce. No point in this fight, you gain nothing by proving her wrong. 

Gaurav Das   14 June 2016


As my wife has alleged that i could not consummate due to impotency seeking nullity. Can i apply to the court to seek an order from the court to allow me to consummate and prove my potency. If yes , at what stage i can make an application. I want to dismiss her petition? Can i do so in this way

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