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Ojus (Clerk)     24 July 2014

Impotency allegation: why did you marry? :- best answer

I'm contesting the divorce petition filed by wife on ground of impotency,non-consummation and mental problems. I've got medical certificate from medical board in my favor. She has also alleged that I married due to pressure from my family.

During my cross, most probably I'll be asked the question 'Why did you marry?'

So, please suggest best answer for such a question in this context. 



Learning

 8 Replies

Tajobsindia (Senior Partner )     24 July 2014

1. How do you know this question will be asked?
2. If you are imagining so due to quantum of such devastating allegation then the short answer to the question is "I wanted to have s*x and create a family in social conformity."

3 Like

Dibakar Ray (Advocate.)     24 July 2014

Great answer...Tajobsindia

Soman (Dy Manager)     24 July 2014

Thanks Ojus for asking such a question & revered Tajobsindia for the point blank answer.

sooraj (none)     24 July 2014

hi ojus, how did your testing go. what is involved man ?

I am going through divorce, and wife has accused me of mental illness. Her lawyer had sent me a letter asking me to take medical test for bipolar disroder. I am afraid to go. I never had any mental illness and never gone to psychiatrist. I dont know what to expect at the doctor.

Soman (Dy Manager)     25 July 2014

@Sooraj,

You may post your query as a new thread, you will get good advice from seniors like Adv. Kalaselvam, Tajobsindia etc. Her advocate can not ask you to go for any test, the court can.

Say, your wife accuses you to have 100 deceases, will you go to all 100 specialists and bring 100 negative certificates? Let them produce evidence & witnesses and if the judge feels that its true, then the court may order...

Consult your lawyer first; best wishes.

Ojus (Clerk)     26 July 2014

@Sooraj

Since she had medical allegations against me, I, myself, filed application in court for my medical checkup by medical board,and the court allowed it.

I'm not a legal professional, but in my opinion you never go for any medical checkup without explicit order for the same from court. If your case is in family court, just produce the letter before the judge and ask for an order/direction restraining her advocate from sending such letters, and ask for filing application in court for your medical checkup if she has any such allegations.

If she has raised any mental/medical issues against you in her petition, first inform the court that you are ready for any medical checkup, if she asks for, and the court allows it. Even then she didn't file the application for your medical checkup, you can file application for your medical checkup to negate her allegations, if you wish so.

 

sooraj (none)     29 July 2014

Ok. Thanks. I decided not to fall for her antics. But can the court ask the me to get tested if she demands it ? My mother's family, has three sisters with mental illness and suicides. That is why she is accusing me, that I have inherited this disease. What questions do the doctors ask during testing ?

Ojus (Clerk)     03 August 2014

@Sooraj, Yes, the court can order for your medical checkup if she files application for the same and convince the court that such a medical checkup is necessary to bring out the truth in this case. If you are not going for medical checkup even after court order, the court can take adverse inference against you. ie. the court can proceed further under the assumption that you have such a disease.

Don't worry if you don't have any serious mental problems. Only the mental diseases which seriously affects the normal daily life are ground for divorce. Better to consult a psychologist prior to proceeding further in this case, so as he can advise very well.


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