Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

rajendra (na)     11 August 2015

Need judgements of annulled marriage based on impotency

Hi,

     COuld someone help me with the judgements of annulled marriage baed on impotency(male and femlae) also any criinal case reference(what ipc sections) and how to proceed on this.....

Thanks......



Learning

 14 Replies

Prasad (Systems Engineer)     12 August 2015


Hi Rajendra,
 
There is nothing called "impotent".
 
Do not call anyone as "impotent".
 
No one is "impotent". 
May be not interested in s*x and is not a crime.
 
Most men will be potent with the women they like and love.
 
If a man does not like a woman, he will not have s*x with her.
 
If a woman behaves badly or manly, her husband will not want to have s*x with her.
 
That does not mean, he is impotent.
 
There may be people who may need little medical help to be potent.
 
That is like any other medical condition that requires medications.
 
So, PLEASE DO NOT CALL ANYONE AS IMPOTENT.
 
These lawmakers added one ugly ground for divorce as "impotency".
 
 
Many women and her lawyers misuse this to get divorce and huge alimony by humiliating that man.
 
 
A woman who was forced in a marriage is misusing this law.
 
A woman who has extramarital affairs is misusing this law.
 
A woman who wanted to teach her father a lesson, does like this and then she marries her lover.
 
 
Many women use this law to marry, loot money from a men and fly away.
 
Some men get broken because of this.
 
But many men go forward, marry another woman, have children and lead happy life.
 
But there are woman who does not want to have their own child for many reasons.
 
Read about this woman : https://marry.indhuja.com/
 
Getting into ugly legal issues after marriage is worse than staying single.

 

SAINATH DEVALLA (LEGAL CONSULTANT)     18 August 2015

Impotency in a human being is of two types,(1) PHYSICAL and (2) MENTAL.But both are curable with proper medicare.

Traditionally, impotence is thought of as a husband’s inability to have s*xual intercourse with his wife. However, impotence may be grounds for a divorce when the wife is unable to have s*xual relations with her husband.

“Inability” means a physical, or perhaps psychological, medical condition makes it impossible for one spouse to engage in s*xual activity. When a spouse intentionally withholds s*xual contact with the other spouse, it’s not impotence. Likewise, a spouse’s infertility or inability to produce a child is not impotence.

As a general rule, when it comes to divorce, it doesn’t matter if the spouse was impotent before the marriage or if the spouse became impotent after the marriage.

Impotence can also be grounds for annulment of a marriage if the condition existed at the time the couple got married and the impotence was discovered later. An annulment is a legal procedure for declaring a marriage null and void, as if the marriage never happened.

rajendra (na)     19 August 2015

Thank you for your reply......

I filed a private complainant in court with ipc ection 420 and judge asked me wife impotence is called with other word other than impotence and he didn't remember on this...

Could some one help me with the specific word.....

SAINATH DEVALLA (LEGAL CONSULTANT)     19 August 2015

Who is impotent in this case wife or the husband?


(Guest)

Persistent, recurrent problems with s*xual response or desire — that distress you or strain your relationship with your partner — are known medically as female s*xual dysfunction.

Many women experience problems with s*xual function at some point in their lives. Female s*xual dysfunction can occur at all stages of life, and it may be ongoing or happen only once in a while.

You may experience more than one type of female s*xual dysfunction. Types include:

  • Low s*xual desire. You have diminished libido, or lack of s*x drive.
  • Sexual arousal disorder. Your desire for s*x might be intact, but you have difficulty or are unable to become aroused or maintain arousal during s*xual activity.
  • Orgasmic disorder. You have persistent or recurrent difficulty in achieving orgasm after sufficient s*xual arousal and ongoing stimulation.
  • Sexual pain disorder. You have pain associated with s*xual stimulation or v**ginal contact.

Sexual response involves a complex interaction of physiology, emotions, experiences, beliefs, lifestyle and relationships. Disruption of any of these components can affect s*xual drive, arousal or satisfaction. Fortunately, female s*xual dysfunction is treatable

Now choose yours.

rajendra (na)     19 August 2015

in this case femlae is impotent..............

exact meaning of impotenc as per the high court,madras is below...

Potence in case of males means power of erection of the male organ 'plus' discharge of healthy semen
containing living spermatozoa and in the case of females means (1) development of external and internal
genitals and (2) ovulation and menstruation.

I am uploading one judgement......

Madras High Court
T. Rangaswami vs T. Aravindammal on 10 August, 1956
Equivalent citations: AIR 1957 Mad 243
Author: Ramaswami
Bench: Ramaswami
JUDGMENT Ramaswami, J.
1. This is an appeal directed against the order and decree of the learned Subordinate Judge of
Tiruchirapalli in O. P. No. 186 of 1952.
(1a) This O. P. was filed under Section 5 of the Madras Hindu (Bigamy Prevention and Divorce) Act
VI of 1949 Clause (h) which provides that either party to a marriage solemnised before or after the
commencement of this Act..... may pray that the marriage be dissolved on the ground that the other
party was impotent at the time of marriage and continued to be so until the presentation of the
petition. This Act has been repealed and replaced by the Hindu Marriage Act 1955, Section 12(a).
The Clause (h) of Section 5 of Act VI of 1949 is identical in language with Clause (a) if Section 12 of
the Hindu Marriage Act 1955. Therefore no vested right has been taken away and no new right has
accrued.
2. The petitioner T. Rangaswami is seeking divorce' on the ground of alleged impotence and alleged
desertion. He married the respondent Ara-vindammal, who is his own niece on 13-9-1945. After
living for sometime together, the respondent has been living before the presentation of the petition
with her parents for a considerable time. The case for the respondent is that she is not as alleged
either on the date of the marriage or On the date of the petition and that she is not the deserting
party and that on the other hand she has been driven out of the house and that her husband wants
to get rid of her in order to re-marry.
In the course of the enquiry this respondent produced a certificate issued by Srimati G. Poriniah,
Lady Doctor, regarding her potence and this Lady Doctor has been examined also as R. W. 3. The
medical evidence puts it beyond doubt that this respondent is suffering neither from organic nor
atonic impotence permanent or temporary. This evidence is corroborated by the respondent
examined as R. W. 1 and her father examined as R. W. 2.
This was not in any way displaced by the evidence of the petitioner examined as P. W. 1 and his
mother as P. W. 3. Before the learned Subordinate Judge the issue of desertion was not pressed with
any seriousness as noted by him in paragraph 6 of his order and in fact there were no materials to
make out the ground of desertion put forward as a second string to the bow by the petitioner. This
petition was therefore dismissed with costs. Hence this appeal,
3. In appeal I am of the same opinion as the learned Subordirite Judge on both these issues and here
are my reasons.
4. 'Point I.' Impotence as a ground for dissolution of marriage is a medico-legal problem and I shall
consider it now under both these heads.
T. Rangaswami vs T. Aravindammal on 10 August, 1956
Indian Kanoon - https://indiankanoon.org/doc/1404896/ 

 

nable to upload full judegment but this will tell impotence in female......can some one help me more judgements and legal word for impotence in female...


(Guest)

Abey tu advice le riya he ya dene aaya idhar? :@

rajendra (na)     19 August 2015

i ot only one judgement and its very old one......so need more judgements on this also any criminal cases filed on this(ipc 420) anywhere in india would help me more............

SAINATH DEVALLA (LEGAL CONSULTANT)     20 August 2015

U R well versed in law than the legal experts ,why do U intend to extend UR query.

T. Kalaiselvan, Advocate (Advocate)     21 August 2015

If you are able to pick one judgement, you should be able to pick more too, hence try till you succeed, dont test the skills of lawyers here. 

rajendra (na)     22 August 2015

I am not here to test any lawyer or to waste lawyers time.......These type cases comes very rare...so just gathering anywhere these cases are going on now(criminal,civil)......

Moreover happy to see your reply and i got your help in one civil suit case,bangalore........Thanks for it

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     22 August 2015

Judgement and decision can provide you advocate , we can provide you proper guidline 

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     22 August 2015

you should not think that you are teacher of lawyer .

Mukesh sharma (job )     26 November 2015

i agree with you sir bec as he write show he as an advocate 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register