Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

NeedHelp (I)     06 November 2016

Need help:- impotency test application rejected.

wife filed false petition for nullidity saying I am Impotent. 

Judge rejected my app for going potency test saying I filed app. late in proceeding.

Onus to prove I am impotent lies on her. I saw few case law. Need suggestion on how to proceed now.

She has not submiited any proof to prove her case.

 



Learning

 20 Replies

adv.bharat @ PUNE (Lawyer)     06 November 2016

U can challenge it. U need to convince judge for its applicability.

NeedHelp (I)     06 November 2016

Originally posted by : adv.bharat @ PUNE
U can challenge it. U need to convince judge for its applicability.

it will prolong proceedings, its upto her to prove the charges . right?

Burden to prove impotency is on her. I saw few case laws. Infact court can't forece me to go for test. I done my part by showing willingness

 

NeedHelp (I)     06 November 2016

Originally posted by : Ramesh Singh
No need to hurry, as per law court provide you 3 month ie. 3 menstrual cycle of 28 days. There after judgement pronounce.

HOPE TO HEAR BABY'S CRY
BEST OF LUCK

what are you talking dude


(Guest)
The concept of impotence itself is not understood either by the wife, nor rve husband, nor the above replies. And querist don't know to address who with what salutation. @fcuk you are in lawyers club. Address lawyers as Sir, not dude, u arsehole.

Ms.Usha Kapoor (CEO)     06 November 2016

Before her proving to be on thes safe side you get  tested    by two eminent s*xologists for  your potency ans after tests if they give clean chit  half your battle is won. .Let  her prove youer impotency. Then you would be ready to prove your potency by submitting expert opinions  on your potencyThen her allegaitions of your beinfg impotent flies flat on her face.If you appreciate this answer pleae convey my forum thanks.

1 Like

anil   06 November 2016

girl has to prove it , till then you enjoy your life without tension.

if salute of 90 degree and flag is on for long term then no one can easily say you anything, so just chill , 

impotence  proof is very rarely given and you can deny test.

concept of impotence is very different in terms of law what general people discuss , so read it and check yourself whether you fall in this as per law or not.

if you succeed then file a good case on her and family few civil and criminal cases along with mental cruelity. let them run for hurting your sentiments ,

if i m correct :: to say impotence to anyone fall in Article 21, better your lawyer can suggest you more 

Article 21. Protection Of Life And Personal Liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     07 November 2016

O.K. wife has to prove it.  The onus is on her.  Then why did you move application and after getting it rejected, try to understand the meaning of onus of proof?

The position is that wife has to prove the impotence of respondent husband.  It need not be through potency test.  Surrounding facts also prove the fact.  So wife led some facts and now she thought that whatever she proved would be enough to her to prove the impotence of husband and she need not file any application asking her husband to go potency test.  Such conclusion can be reached,  because as per legal impotency, it does not need to prove that husband is medically impotent, he is impotent just qua wife and not to all other women.  If wife takes such a strategy, the husband cannot take rest by saying that the onus is on the wife to prove husband's impotency and as she has not moved application, the case should be decided in his favour.  Then the husband's duty lies to move application.  You did that.  You got it rejected. Now, immediately move high Court to set aside the order and give you permission to under go potency test.  That is the way to understand the law in proper perspective. 

NeedHelp (I)     07 November 2016

Originally posted by : noname_123
Why do  you want to prove anything? Let her prove.

Meanwhile file criminal defamation and civil defamation if you are not impotent

will do thanks for Advice. Just I was trying to make my case stronger. Yeah I read case law. its petiotner has to prove & court can't force to under go test

sai narayana   07 November 2016

The Article 21 will not work here. If the court orders the test and if we deny it, the court can presume adversely against us. This is well settled position without any doubt.

Dear OP,

If the petition's undertone is " husband is impotent in general i.e. can't lead s*xual life against any one", then tests are compulsory.

If the petition's undertone is " husband avoided s*x with wife or unable to perfrom with her only", then it can be impotent-qua regardless of test results so test may or may not be prescribed.

At what stage you moved the application for tests?? before evidence stage or after the evidence stage??

NeedHelp (I)     07 November 2016

After cross done. Tone is related to wife only. If it's related to wife only she hasn't submitted any proof. On what basis judgement will be passed then.

NeedHelp (I)     07 November 2016

After cross done. Tone is related to wife only. If it's related to wife only she hasn't submitted any proof. On what basis judgement will be passed then.

NeedHelp (I)     07 November 2016

After cross done. Tone is related to wife only. If it's related to wife only she hasn't submitted any proof. On what basis judgement will be passed then.

NeedHelp (I)     07 November 2016

Originally posted by : sai narayana
The Article 21 will not work here. If the court orders the test and if we deny it, the court can presume adversely against us. This is well settled position without any doubt.

Dear OP,

If the petition's undertone is " husband is impotent in general i.e. can't lead s*xual life against any one", then tests are compulsory.

If the petition's undertone is " husband avoided s*x with wife or unable to perfrom with her only", then it can be impotent-qua regardless of test results so test may or may not be prescribed.

At what stage you moved the application for tests?? before evidence stage or after the evidence stage??

After cross done. Tone is related to wife only. If it's related to wife only she hasn't submitted any proof. On what basis judgement will be passed then.

sai narayana   07 November 2016

In your counter, what you wrote, marriage consumated or not consumated. If not consumated, what you pleaded as reason for that non-consumation. What are the sections she assigned in that petition, only section,12 (or) 13 also included??

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading
Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query