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shahezad (doctor)     11 April 2013

Need legal guidance on annualation of marriage

Dear members,

I need your valuable guidance on an urgent matter.

One of my close friend waas married 4 months ago and everything was fine till date.

Now, all of a suddden his wife is claiming that they did not had s*x for this entire duration even once and her husband (my friend is impotent), hence the marraige should be annuled. My friend is saying that he in fact was having a healthy s*xual relationship with his wife and never faced any challenge in potency. He is even willing to undergo the medical examination, but it still will not prove if they had s*x or not.

Is there any way one can prove in court if the girl did had s*x.

As per my knowledge hymen can break due to n number of reasons and can't be held as an eveidence.lso the finger examination to test laxity of v**ginal muscle is not reliable. Is there any other relaible examination considered valid by the court?

My friend is willing to give the divorce but don't want to take the blame of not having s*x with his wife as this will be a problem for his remarriage.


Kindly suggest what he should do to get out of this situation.

 

Regards



 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     11 April 2013

If he wants divorce without blame, then let him file a petition and impotency test can be done by the court order.  

Tamizhselvan S.S. (Lawyer)     11 April 2013

In this situation both have to go councelling then mutually go for divorce. Otherwise wife is adament on her saying he has to seek court direction for Medical Check - up to prove him. some times she may withdaw her statement once if you approches the court.

Regads,

Tamizhselvan.S.S 


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