Civil Procedure Code (CPC)

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.
 
Reply   
 
subregistrar/supdt.(retired)

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

 
Reply   
 



Without waiting 1 year from marriage?

 
Reply   
 
Lawyer

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.

 


Total likes : 1 times

 
Reply   
 
Secunderabad/Highcourt practice watsapp no.9989324294

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.

 

 

 
Reply   
 
Advocate

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

------------------------------------------------------------------------------------------------------------------------------------------

 

You may also claim reasonable damages.


 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  


 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Civil Litigation Course     |    x