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Shakthi (HOD)     10 June 2014

Impotent husband

Hi I live in chennai, i got married in 2007 and it was a love marriage, i loved the guy for 6 years before marriage, we did a register mariage in 2007, from day one, he was not able to perform, he blamed some treatment that he took before marriage and said it might be temperory and can be cured, after waiting for 3 years, i lost my patience and took him to a doctor in 2009 the doctor said its a errection problem and gave me a detailed report of 40 pages about his issue, i have this report handy with me now. He has problem with errection and never was able to perform, i didnt want to tell my parent and hurt them so i never told them, i was illtreated by the guys mother saying that i was impotent and infertile to give birth to a baby, i accepted all the cruelity from her and her all relatives insulted me saying that i was a impotent in the public functions and after few days i stopped going to fuctions. there after we continuosuly visited other doctors and everybody said it was curable and i have to co-operate and i co-operated and did all that i could do from my end for last 6+ years and nothing worked out till date, i finally decided to say this to my family and told them, i was surprised to see my family reaction, they despite of protecting me and supporting me, they supported the guy and took him to treatment for one month. lately he started doubting me and he beat me many times when we were alone and threatened in even in front of my parents, even after seeing all these my parent still insisted me to live with him fearing the society they live in. finally Very frustrated after fighting with my parents and the guy and quit the relationship myself and came out with the help of my friends and applied for a divorce just recently in april, but the guy is threatening me saying that he will sue me of illegal relationships with my friends who helped me get out of him and drag me to the criminal court and prolong this as long as he can, so as i have no life or option other than to go and live with him again.

The questions i have is

The medical report given by the doctor at the end of every page says not for legal use, does that mean i cant prove him impotent?

We never had a course atleast once in 7 years and so never a had a child, can this be a ground to get separated if the medical records cant be used against him?

 



 20 Replies

drsxprt (self)     10 June 2014

@ shakthi,

better appoint a lawyer first.

by the way what is the name of disease your hubby had and which medicine doctor prescribe ? -
i like to know just for my academic knowledge.

i think no doc. give report with marking " NOT FOR LEGAL USE ". he may oblige patient on request. but i doubt.

inspite of marking, no harm to submit report as well prescriptttion.

"never a had a child, can this be a ground to get separated if the medical records cant be used against him?"

not to hv a child, there r so many factors involved. u may consult gynaec.

rajendra (na)     10 June 2014

not having a child is not good ground for divorce...

you can file annulled marriage under section 12 a..

file for 420,406,120B case against him.

private medical report not valid in court.court will look for govt medical report with notary.

you can req medical test fro your husband to prove his potency in court..

good luck

Adv. Chandrasekhar (Advocate)     10 June 2014

Most of the doctors on their letter heads mention that is not meant for 'legal purpose' to avoid the several visits to the courts to justify their prescripttions as well as medical reports. But such unilateral declarations by the doctors cannot absolve them from testifying in the court, when they are summoned by the courts for finding out the truth.  As Sh. Rajendra suggested that you can ask for annulment under Section 12 (1)(a) along with the said medical report. After receiving the court notice, if your husband accepts the situation, he may agree for annulment.  If he does not agree such an allegation, the court may refer the matter to govt. medical board (at the behest of your appropriate application) and the medical board will come out with facts and the case will be decided taking into consideration of medical board.  The twist in annulment cases is that the person need not be 'impotent' to the whole world, but his impotency is confined only to the petitioner, then also annulment is granted.  In other words, you have no s*xual relationship since the marriage and the reason may be his 'impotency' only towards you, then also you can get annulment decree.  Any how, as your doctor opined about his impotency, you can proceed further under Section 12(1)(a) of Hindu Marriage Act. 

drsxprt (self)     10 June 2014

forget to say tht ur husband might not be aware of the report otherwise he was not dared.

no point to b suscpicion.
bt fact u mentioned in ur thread make raise several question in mind of readers. u state ur marriage was in 2007 and goes to doc. in 2009. means after two years. hwever don't mention which doc. means specialize in this field, general practioner or so-called self made specialist.

fail to understand on wht ground he drag u in any type of case.
if u r honest enough, pl. clarify in this forum so tht seniors may guide you hw to come out.

 

Advocate Ravinder (Advocate/Attorney)     10 June 2014

The medical report given by the doctor at the end of every page says not for legal use, does that mean i cant prove him impotent?

---The medical report obtained by you is meant for your information only not for the court.  It will not be used as an evidence in the court. The meaning for “not for legal use” is the same as I explained above.

We never had a course atleast once in 7 years and so never a had a child, can this be a ground to get separated if the medical records cant be used against him?.

---You can file the above medical report obtained by you into the court.  By seeing the report the court will come to a conclusion that it has to be sent to expert (Doctor) report i.e. a doctor appointed by the court.  If the result of the expert proves that he is impotent, the court will grant divorce, irrespective of the defense taken by your husband.    Then you can file cases under 420, criminal breach of trust etc.

For any further doubts contact me ravinder2345@gmail.com.

di (home)     10 June 2014

Can you try to collect the reports from the other doctors you went to?

Gautam Kapoor (IT professional Studying Law)     11 June 2014

if  the court certified doctor testifies that he is impotent then you will get divorce owing to so many years of  non consummation but the proceedings could turn out to be very  filthy.

Also I have never heard that a a man with erectile problems cannot impregnate a women unless he is infertile too.With the advancement in science and we in the era of Viagara,Cialis, Levitra nothing under the sun is impossible.

if your grievance was that he is unable to s*xually perform, performance can  vary according to ones own perceptions,fantasises and time limit, you could be right. But if you would have looked for other answers irrespective of his s*xual performance then with the aid of science you still would have conceived and probably had 2-3 kids by now.

Nevertheless, since the issue has gone to the courts, advised to seek a MCD from him rather than you both slinging dirt on each other.

K.K.Ganguly (Advocate)     11 June 2014

1. A Doctor will not direct as to which report will be submitted before the Court or not. His duty is to medically investigate and treat recording his findings & prescripttion,

 

2. You can very well submit the said report as an evidence of his impotency and file an application for annulment of marriage as per HM Act.

Gautam Kapoor (IT professional Studying Law)     11 June 2014

while Respected Mr.Ganguly has kindly replied. I still concur that the case will be filthy and a long drawn one and a lot will depend on the medical IQ and s*xual medical ingenuity of your senior husbands lawyer in this ever evolving scientific era.

You are still advised to push  for MCD roping in common elders as a domestic issues has now gone beyond closed doors.

LAST REPLY

K.K.Ganguly (Advocate)     11 June 2014

1. In case of MCD, it is considered as first married then divorced,

 

2. Whereas in the other case, the marriage itself is annuled,

 

3. This is why  most of the ladies prefer annulment of marriage.

Sandeep Naik (Advocate)     12 June 2014

Ur case is critical. U say u were in love for 6 yrs before marriage . It is difficult to digest that during the said period u never had any physical contact. U mean u never sensed his feeling  or asked him about it even if accepted tht u never had such contct . Experts in law field have given their opinion. Still many facts are not disclosed. As u r female , it is unethical to ask in this open forum. 

Advocate Ravinder (Advocate/Attorney)     12 June 2014

In Sarla Bai Vs. Kamla Singh AIR 1991 MP 358 it was held that A petition for annulment of voidable marraige after long period, say eight years, is barred by time. Hence, in your case, there are least chances to win. 


Even if your husband proved as impotent through the court, if the decease is curable the court may not grand divorce to you.  If the decease is not curable, then you may get divorce.  But as said above it is very long gap to take the defence of impotency.  What were you doing all these years.  You should have revealed to your close relatives or friends. 

K.K.Ganguly (Advocate)     13 June 2014

1. For your delay in filing the case, you can take the defence that you went on getting him treated with the hope that he will be cured one day and after 6 years, you found no chance in his getting cured,

2. You have lost 6 years trying to get him cured but now find no reason to carry on with  this unconsumated marriage any more.

drsxprt (self)     13 June 2014

@ Ganguly : agreed.
suppose if it is fake allegation thn its supporting evidences of prescripttion of treatment r bound to b fake one.

six years is too much prolonged period fr anyone to b hungry unless luv and affection is there. here something is missing.


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