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Gunjan   21 July 2021

Legal rights where husband is impotent

I married X on 25th april this year. He with his mom started covering about his impotency by many excuses like he need minor surgery, medication, not mentally prepared etc etc. Now, I have seen his prescripttion from a doctor and when I googled I found out that he’s been taking medication to cure his erectile dysfunction (impotency). I also found out a chat of him with someone which is indicating he is gay. We have never been intimate to date. He always avoids me and accepted that he can not have erection. What can I do to get out of this marriage. I don’t want to wait for one year for filing divorce application. I read as per HMA the marriage can be annulled.
Please clear me if it means that i can go to court immediately and have the marriage declared void.
Is there any time limitations for doing same because it’s been 3 months now?
My family spent whole life savings for the marriage can i ask for reimbursement of the expenses on marriage atleast.


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 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     21 July 2021

If you can that your husband is impotent, then you can file a divorce case.  So consult a local advocate for further guidance.

Gunjan   21 July 2021

Without waiting 1 year from marriage?

Dr J C Vashista (Advocate)     22 July 2021

Originally posted by : Gunjan
I married X on 25th april this year. He with his mom started covering about his impotency by many excuses like he need minor surgery, medication, not mentally prepared etc etc. Now, I have seen his prescriptttion from a doctor and when I googled I found out that he’s been taking medication to cure his erectile dysfunction (impotency). I also found out a chat of him with someone which is indicating he is gay. We have never been intimate to date. He always avoids me and accepted that he can not have erection. What can I do to get out of this marriage. I don’t want to wait for one year for filing divorce application. I read as per HMA the marriage can be annulled. Please clear me if it means that i can go to court immediately and have the marriage declared void. Is there any time limitations for doing same because it’s been 3 months now? My family spent whole life savings for the marriage can i ask for reimbursement of the expenses on marriage atleast.

File a petition for annulment of marriage on the ground of non-consummation of the marriage.

The case will be referred to a counseller in the court, where you can demand reasonable amount.

It is better to consult and engage a local prudent lawyer for appreciation of facts/ documents related to his impotency and treatment, professional advise and necessary proceeding.

 

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     22 July 2021

No need to wait a certain period for divorce. File a petition on this ground . You can annul a marriage for a number of reasons, such as: it was not consummated - you have not had s*xual intercourse with the person you married since the wedding (does not apply for same s*x couples) you did not properly consent to the marriage - for example you were forced into it.

 

 

P. Venu (Advocate)     22 July 2021

The marriage could be avoided in terms the provisions of Section 12 of the Hindu Marriage Act

 

Section 12.   Voidable marriages.

(1) Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:

 


[a) that the marriage has not been consummated owing to the impotence of the respondent; or

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You may also claim reasonable damages.


malcolm   16 June 2023

If your husband is experiencing erectile dysfunction (ED), it's important to approach the situation with empathy, open communication, and seek appropriate medical guidance. Here are some steps you can consider:

1. Encourage open conversation: Create a safe and non-judgmental environment for your husband to discuss his concerns and feelings about his erectile dysfunction. Let him know that you are there to support him and that ED is a common and treatable condition.

2. Recommend a medical check-up: Suggest that your husband consults a healthcare professional, such as a urologist or a primary care physician, to discuss his symptoms and explore potential underlying causes of the erectile dysfunction. The doctor can provide a proper diagnosis and recommend suitable treatment options. Also, gainswave machine is very effective.

3. Offer emotional support: Dealing with ED can be emotionally challenging for your husband. Offer reassurance and let him know that his worth and masculinity are not defined by his s*xual performance. Show understanding, patience, and empathy throughout the process.

4. Explore treatment options: Depending on the cause and severity of the erectile dysfunction, various treatment options may be available. These can include lifestyle changes, medication (such as PDE5 inhibitors like Viagra or Cialis), hormone therapy, counseling, or other interventions. It's essential to let the healthcare professional guide the choice of treatment.

5. Consider couples therapy: If the situation affects your relationship or communication, you may want to explore couples therapy or s*x therapy. These forms of therapy can help address any emotional or relational issues arising from the impact of erectile dysfunction.

Remember, it's important to respect your husband's autonomy and involve him in the decision-making process. Encourage him to seek professional help and reassure him that seeking treatment is a positive step towards improving both his s*xual health and overall well-being.

 

 


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