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Naresh (In search of job)     06 August 2010

petition to be filed for impotency test

Dear LCI members,


I have filed a case for divorce u/s 13(1)(1a) on cruelty grounds. Wife side claim i'm impotent, from the counter they filed. Now, I would like to undergo impotency test, so I want the court to refer me to the medical board.


(1) Could you please let me know the procedure (petition under what sections to be filed) or such other things to direct the court to refer me to the medical board?


(2) If I win, i mean if i'm potent, then i can file civil and criminal proceedings against them and there is a recent judgment regarding this also ordering the other party to pay rs. 2L.  Could you please post, if you have the copy of the order?


(3) If they win, apart from getting divorce on their terms, what other recourses they can do? 




 8 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     06 August 2010

Do not file any application from your side, let them do it.

Once you are proved potent file claim for damages and defamation.

suresh (hhh)     07 August 2010

How will he prove abt potent??????? I'm also facing the same issue...when i went and asked doctor abt potency test....they are telling that there is so such test..and sending me to Psychologist only...

Could you please anyone who handled this kind of case? Give their valuable advise here? how will be the test?eventhough lots of lawyers knew that wife is always giving false statement as husband impotent... will judge ask us to go for such kind of painful(mentally&phsyically) tests? Or Husband's really ends up with out of court settlement??

Arup (UNEMPLOYED)     07 August 2010

Mr Suresh & Mr Naresh,

" wife is always giving false statement as husband impotent... " - that's why 2L compensation.

it is wrong not to file an application. file an interim application, protesting the allegation and demand for medical test. court will order for it.

a medical test under the order of the court  is valid in this context. do not go o

Arup (UNEMPLOYED)     07 August 2010

" How will he prove abt potent? " - it is job of a doctor. just co operate him.


agree wid adv shashikumar. dont demand it. let court order for it if situation demands.

B.B.R.Goud. ( Faculty)     13 August 2010

you can consult any andrologist to check and testify your potency/impotency... if their allegation is not proved, then u can file a case of defamation....

mrgop (Owner)     13 August 2010

In my case wife filed for annulment or divorce as alternative relief on ground of impotency. I've no such problems but she use such a allegation only to get annulment and harass me. I've already filed RCR just to defend my side. Now counselling and counter filing is over, after waiting 1yr because of her absence, and i got next date is on Jan.

In her petition she has not clearly stated in single word that I'm impotent , but she described it like I had no s*x with her during the one month life together and  behaved abnormally and not even tried to have s*x. So she fear that I'm not physically and mentally fit for married life.

Can she ask for my medical chekup on such wordings? If yes, can I go for defamation case after my medical check up?

In my advocates opinion, most porobably, she will ask the court to send me for  impotency test. If  it not happen he suggest me to submit medical report from private doctor or ask the court for my medical checkup. He aslo of the view that I can submit medical report or ask the court for my medical checkup in advance without waiting for her move. So, please help me to choose the best choice.

Once I get medical report in my favour can I withdraw RCR and file for divorce on grounds of mental cruelty ie. allegation of impotency etc. and seperation of more than two years? Can she successfully contest such a divorce petition from my side?  Please let me know what are my chances?


better u let her take an expartee decree . marry again fast  and if she demands any compensation then challege it with ur medical report. aisi  bala se chutkara isse easily nahi mil sakta. discuss with ur lawyer in detail on these lines as applicable in ur case.

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