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deepak kumar (student)     01 December 2015

Impotent and done marraige

one of my relative had arrange marraige on augast 2015.after marraige the grrom never had s*x.wife thought that the groom dosent like her but after one month while a talk he told that he don't have interest in s*x.he is having s*xual problem and he is also taking medicines after cunsulting a docter.he also showed some prescripttions.after three months the girl left her in lows house and came to her native home. now she want to take back all the ,dowry,gifts and expence on marraige and take divorce.Please tell me about process and sections that can be imposed on the boy and their family.How to tackle this case?which are the sections that should be imposed?



 12 Replies

prabhakar advocate (advocate)     01 December 2015

1.  Get into your hand all the medical prescripttions to show his inability.

2.  Do not insult him for his incapacity.  Send elders to bring back dowry, stridhan and the marriage expenses amount.  Also prevail on the boy  for annulment of marriage under Section 12 of Hindu Marriage Act.   If he agrees, then the problem will be solved.

3.  If he does not agree, send a legal notice, again coxing and cajoling to settle the matter amicably.

4. If he does not respond, then file annulment petition u/s. 12 (not  divorce case) and also complaint under Section 3/4 Dowry Prohibition Act for recovery of dowry and stri-dhan.

1 Like

deepak kumar (student)     01 December 2015

Dear Prabhakar jee,

many mnay thanks for your advice. 

but some questioned still arise in my mind.:-

we have one of the priscripttios of docter treating the boy for s*xual disorder.

1- what if the boy accept in the court about his illness during applying for bail?

2- what if he says that he came to know his impotent matter after marraige?

3- can we take back our total expence of marraige and also any compensation with the groom and his family?

4- Is there any way that he could be prisoned?

 

Please advise

Thanks

Nitish Banka (lawyer)     01 December 2015

First send a legal notice and move for annulment of marraige, if he submits that the problem happened after marraige let him prove that, testimony of the doctor along with prescripttion is the best evidence you have. try to get divorce by mutual consent if possible.

Regards,

Nitish Banka

9891549997

1 Like

b.goheel   01 December 2015

1]  https://www.lawyersclubindia.com/experts/Rape-and-blaickmail-531171.asp#.Vl1ZxY5YVQA
Rape and blaickmail

2 ]  https://www.lawyersclubindia.com/forum/Impotent-and-done-marraige-130153.asp#.Vl1aDo5YVQA
Discussion > Family Law > Marriage > Impotent and done marraige

3 ]  https://www.lawyersclubindia.com/forum/Can-impotent-husband-seek-divorce-under-Hindu-law--129539.asp#.Vl1aoI5YVQA
Discussion > Family Law > Can impotent husband seek divorce under Hindu law?

from the above post, it seems lady in question hv so gud intimacy with queriest tht she does not mind to share this rather thn her mother or any lady fmly members which most of girl normally do

if allegation of impotency in all pending cases in india as well thread on online platform are to b believed to b true like sterling silver thn .....

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     01 December 2015

So Deepak this is a repeated query.UR over enthusiasm in getting the couple separated after just 4 months of marriage clearly illustrates UR intentions.It is the headache of the boy and the girl to sort out whatever marital problems they have.Mere submission by the husband that he is not interested in s*x does not mean that the marriage should be nullified just after 4 months.There are many avenues to set it right.

Hence never in future act as a proxy by posting such queries.

1 Like

laxmi kant joshi (instructor)     01 December 2015

He had cheated you and now trying to escape by making foolish statements, you collect the Medical proofs of his impotentcy and file for annulment the marriage u/s 11&12of hindu marriage act, and file 406/420 ipc and get back your stridhan and all article back with you and also claim your marriage expenses .
1 Like

b.goheel   01 December 2015

respected joshi sir,
frm book, punishment fr murder is capital punishment. m i right ? thgh m not lawyer bt read so much news abt murder in news bt capital punishment....
v ask few question evn to our dear one before coming to conclusion.

deepak kumar (student)     01 December 2015

Dear Sainath Sir,

 

I am not eager to separate them...but I want to know the every possible remedies and actions that could be done to such a groom and his family as I am a student.In this case,Bride's family have very low income.Her father had saved about Rs 5 lac in his whole service period(private job) which was the expence of his daughter marraige including dowery ,and now if he want again to arrange a marraige for his daughter he will have to become begger.they don't even have own house.

Or the girl should wait for his husband being fit and fine.base and reason of marraige is Physical Relation and Child.one could have a child in just one weak living together  and what to do for the rest whole life? become a cheater Wife or what.

What should be done to this kind of guys.

this is mere a cheating to claim that boys did'nt know about his physical weakness before his marraige when the boy is about 34 years old.

Thanks Sir to you and every one who replied.

 

deepak kumar (student)     01 December 2015

Dear B Goheel Sir, I am  a Student and pursuing LLb.I am also working with an NGO in jharkhand for last five years.we often meet girls facing  this type of casses.I have seen that girls suffer such type of crimes alone.they hasitate to tell everyone or publicaly or even to their family because of our social mentality.So I discuss this cases in this forum.any other kind of crimes such as murder,theft,property related cases can be discussed anywhere or with any person.I have also seen girls threatened and kicked out from Police Station when someone show carraige to  complain to Police. 

I just want to help  people,whatever i can.even a good suggestion helps a lot.

Thanks 

  

b.goheel   01 December 2015

mr. kumar,
very much hear abt western boldness.
the subject u put in the forum, it is hard to believe evn indian city girl share with male frnd. whereas u mentioned tht jharkhand area and as per ur thread ngo is catalyst and no other intimate relation.
in dream it is hard to imagine bt since u say so one hs to believe bcoz it is ur issue and the headache of two lawyer to convince the final authority - court.

in absence of any supportive evidence, seniors gave their advice on ur thread, i raise my doubt which u may face it in absence of any evidence.

in human body, development as well function & disfunction of outer part is accesible bt not inner one..

generally seen tht in the case of other way around problem and to hide own short coming attack is best defence. or one want to remarry.
do not aware abt in ur case.

SAINATH DEVALLA (LEGAL CONSULTANT)     02 December 2015

If U R a student of Law,what is UR college doing academically.I appreciate UR concern for the village girls but U have other avenues to gain knowledge but not the forum.The legal forum is there to assist the needy querists but not to impart academic knowledge to students.Hence better not repeat again.

KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER)     21 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert


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