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mrgop (Owner)     18 August 2011

Medical board fees: at court or at mb office/hospital?

If I file application for my medical checkup by medical board in a family court, where should I pay the fees for the same ie. at court or at hospital/medical board office? My advocate quoted 3000/- for application filing and medical checkup fees. Is it reasonable amount? Plz help.



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 3 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 August 2011

What test?

And whether the tests are directed by court or suo-motto

Fee has to be deposited in hospital only, the reciepts might need to be deposited in court.

 

But what test?????

mrgop (Owner)     20 August 2011

Its Annulment petition filed by wife on ground of my impotency. Now, I  filed application for my potency test by medical board. My advocate drafted the application which requests the court to direct the superintendent of medical college to constitute a medical panel of Gynaecologist, Urologist, Physician and Clinical Psychologist to examine my s*xual potency. I'm doubtful about the role of Gynaecologist in male potency test...Is it must to include Gynaecologist also?  If anybody has already undergone such a medical test, please share your experience.... Which are the tests that I have to clear to get the report in my favour?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 August 2011

Since she has raised the bogey of impotency, you need to be very careful of how to handle the situation. Never admit in writing/ e-mail/ panchayat/ telephone that you faced problem in conjugal relationship. The judge when confronted with this evidence will assume that marriage has not been consummated.
 

Because she gave the complaint, she is bound by the result of the medical tests.

 

The legal concept for that Doctrine of Aprobate Reprobate. Ask you lawyer about this for explanation. If she makes an allegation that you have got the certificate by bribing/ impersonation/ faking etc., it will not stand in court as she was the one who made the allegation and got the respondent tested, and cannot disown the results if they go against her allegation.


Do mention in your statement of objection that you underwent the medical tests at her instance. However if she makes an allegation that the documents are fake, you can use the doctrine of aprobate reprobate during written submission stage and not earlier.

 

Tests and Doctors

 

Actual approach to the medical tests. You need to be very careful about how to get the tests done. The tests are divided into three parts -
 

1. Semen analysis
2. Penile Doppler Scan
3. Visual Examination
 

The doctors play a very important role in this. Always approach a URO-ANDROLOGIST in the Fertility department. No other doctor will suffice.
 

I know that it is impossible for a normal man to get an erection in public places (unless you are a pervert ;) ). How to overcome the problem? The doctor will ask you if you can get a normal erection, or you will be administered a erection inducing drug for the tests. Refuse the drugs, inform the doctor that you are confident of getting a natural erection but need some time and privacy, which will be given by the doctor. You will get a natural erection, you can always take help of some adult magazines, masturbate in the hospital premises and provide the semen sample.
 

The doctor will make a note in the file that you have a natural erection. Very important that you get it noted down.
 

For penile doppler test, again refuse the erection inducing drug, use visual stimulus (Magazines/ MMS etc.) prior to the test and get the scan completed. The key in getting successful test is breathing normally. Do not breathe rapidly, because the blood starts flowing to the heart and brain rather than to the penis. The doctor will think that the blood flow is abnormal and will make a note of it in the chart, which will go against you. Relax, laugh, take along your buddy, crack some dirty jokes, but ensure that you are not stressed out. The report should show that blood flow is normal and hence no damages such as venus leak or damages to the veins.
 

The final test is visual examination. The doctor will examine your penis in two states, flaccid and aroused. He will ask you to cough and examine for damages to the organ. Again refuse the erection inducing drugs, use visual stimulus during the test and get it examined.
 

The medical certificate should mention that all tests were done on the subject, in a naturally aroused state. Ensure that details such as your correct name, dates of tests, age etc are correct in the certificate.

 

Psychological Problem

 

The next problem you may encounter is psychological problem. The allegation will be like that you suffer from some fear psychosis or perverseness which prevents you from getting an erection in her company. If that is mentioned in the complaint/ petition/ notice. Answer the questions of the psychologist calmly and don't get anxious/ nervous.
 

Doctors Evidence.


Now after the trial starts, get her evidence completed. You will stand in the witness box and finish your and other corresponding witnesses croxx-examination. After everything is done, file an application in the court summoning the doctors who did the Semen Analysis, Penile Doppler Scan and the doctor who issued the medical certificate.
 

Accompany the court officer who will serve the summons to the above mentioned doctors. They hold the key to get the dismissal. Inform them to get all the medical records in original form. Confirm the dates and the procedure to them. Both you and doctor must sing the same tune and speak the same language. Inform them that the questions they face will be with reference to faking the certificates, forging of their signatures, that they have taken bribes, tests were not conducted on you but somebody impersonating you.


After the doctor's testimony, comes the written submission part. Inform the court that these doctors are top-notch specialists in their respective fields/ constituted on behest of the court, the hospitals are highly reputed, they are neutral witnesses and have no benefit in giving testimony in your favor.


Court Behavior


Drop the bomb that you are always willing to undergo any medical tests anywhere recommended by the court, and challenge the girl that is she willing to drop the case if the results come against her. Now imagine what will be her reaction to this uncomfortable question. If she says yes, the judge will come to the conclusion that she is a fraud. If she says no, she will have to prove why for which she will have no answer.


Oh and good luck, do not worry, be confident, cheerful and positive. It is very important for you to be present before the judge at all stages. He will visually examine you to see if you have any physical characteristics why may confirm the falsehood presented in the petition.


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