Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Please advice - Seeking divorce on ground of impotence

Page no : 2

Dharmesh Manjeshwar (Advocate/Lawyer)     31 October 2009

How voidable .... there is no cogent evidence of impotency ... and medical reports indicate low level of testosteroneshe herself has stated that they had s*x once ( with help of tablets ofcourse ) and medical reports indicate low level of testosterone.

gomcodoctor (Doctor)     31 October 2009

I think there is confusion between impotence and infertility. Impotence is inability to have erection or maintain erection or failure of ejaculation.there are lot of other causes of impotence in addition to low testosterone level. As according to her statement there is nothing clear in written but after reading whole story it seems that person has impotence at level of erection ( I will request her to clarify the problem here so that proper and better decision can be taken ) 1 question to respected lawyers here that how much time it will take to make marriage void if he is really impotent. Thanks

Simp (Engineer)     31 October 2009

As far as I know infertility is not a ground for annulment/divorce, and impotence or erectile dysfunction is to be proved to get annulment/divorce. But the confusion is that if husband is not ready to go for medical examination even after the order from court, what could the wife do? The burden to prove the impotency is on wife but husband not ready for medical examination. What she can do in this situation? lawyers plz


(Guest)

Answer to gomcodoctor ( I will request her to clarify the problem here so that proper and better decision can be taken )

He has these two probles - inability to  maintain erection and as a result failure of ejaculation. Infact I have the file in which a certified Dr after examining him has written these problems and adviced for the first level of tests ( the basic level) which included testestrone level as well. We are suppose to meet the Dr with the  test results for the next set of tests which actually helps the Dr to identify and treat his problem. After the first tests got over and after seeing the testosterone level he totally avoided to consult with the Dr and that ended up in a major fight between us. I am still in my parents place, he never apporached me after that incident either to convince me or to go ahead with divorce. Recently when I got in touch with him he never gave any sort of confirmation about consulting a Dr to cure his problem, instead he stated that "its your father who took you back, ask him to come and speak with my parents to proceed further". He is not answering to my question why he is not giving any assurance about his treatment. Basically he doesnt want to take ownership and staying completely away. Having this file given by the certified Dr who has clearly mentioned his problems in it and the first level test results do you think I will be able to get divorce on the grounds of impotency.

gomcodoctor (Doctor)     31 October 2009

I think your case is clearly a case of voidable marriage. If you are willing to get your marriage void than your husband can not do any thing in it.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     01 November 2009

To prove the marriage is void or to get the divorce on the ground of importancy, the final outcome of tests and report of Dr. is must, but you can claim these points and then court will direct him to appear before doctor and made all the tests and then whatever will be the result, the case will be decided accordingly.

Regards

adv.kamal.grover@gmail.com

gomcodoctor (Doctor)     01 November 2009

Thanks adv.grover for info. Do wife need medical proof for initiating case against husband? Or she can file the case on the basis of complaints only and court will order husband to undergo medical test?

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     01 November 2009

If wife will produce the record what ever she has then court will summon that doctor and take the evidence and then proceed further.

Else court will ask the girl to produce some evidence showing his imporancy and in that case it will be difficult and then it will be discrition of the court whether allow for tests or not.

Regards

adv.kamal.grover@gmail.com

1 Like

gomcodoctor (Doctor)     01 November 2009

Is it enough If wife provide proof of virginty or no s*x relation since marriage ?

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     01 November 2009

No, coz then she may be at fault.

Then it may be proved by the husband that Husband ask for cohabitation and wife did not agreed.

Regards

adv.kamal.grover@gmail.com


 

1 Like

gomcodoctor (Doctor)     01 November 2009

What type of proof she will use if husband is not agree to undergo medical test before case as in this case? Affidavit from husband in which he agree that he is impotent will be enough?

gomcodoctor (Doctor)     01 November 2009

Originally posted by :Kamal Grover
" No, coz then she may be at fault.
Then it may be proved by the husband that Husband ask for cohabitation and wife did not agreed.
Regards
adv.kamal.grover@gmail.com

 
"

she can prove this by medical test that she is not at fault!

Simp (Engineer)     01 November 2009

I doubt that doctor can not certify a girl is virgin even if her hymen is intact. There are cases of hymen being intact even after s*x, and she can also undergo hymen restoration surgery.

What if wife could not produce any evidence about husband's impotency except mere allegation, and husband not ready to go for medical test even after court order just bcoz its a civil case?

gomcodoctor (Doctor)     02 November 2009

Originally posted by :Simp
" I doubt that doctor can not certify a girl is virgin even if her hymen is intact. There are cases of hymen being intact even after s*x, and she can also undergo hymen restoration surgery.
What if wife could not produce any evidence about husband's impotency except mere allegation, and husband not ready to go for medical test even after court order just bcoz its a civil case?

"

 

 

 

 

Hymen is not a sign of virginity.

hymen can be intact in non-virgin and it can be ruptured in virgin.

one have to change every thing from outer skin upto internal os to prove or diapprove her virginity status.

 

I think it should be recoreded as a crime like  a RAPE crime If anyone who is impotent knowingly marry a girl.because....

 

he has played with life of not only that girl but also her whole family.

 

according to WHO defination of health

"Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity."

after marriage with a Impotent person life of that girl and his family is effetced a like this

physical -

After marriage primary need of couple is physical relation in which that impotent person fail completly.

Even family also torture her  physically in some c.

Mental

I think this need no explaination because every person who has little brain can understand

 

Social

She and her family have to face society's Non-sense questions.

In a case of murder person get imprisonment from life time etc but i think murder crime is less sever than this crime because in that case person's only 2 component of health is effetced but in case of impotent marriage social factor which is effcted has much greater effect on health than other 2 factor.

 

Impotent Person who knowingly marry  a girl has virtually killed that girl and her family.........................

Dr.N.Varadaraj (Doctor (M.B.B.S))     09 January 2010

As rightly said by Advocate Prabakar,Testosterone level alone,that too done once will not be a sufficient ground to prove impotency of a male.Several other tests need to be done like assay of other hormones like T3,T4,TSH,Prolactin,FSH and also testosterone.Blood Sugar and Lipid Profile needs to be checked.Penile Doppler study needs to be done with and without injecting Papavarine.ther basic tests like Complete blood count,Urine analysis,Blood Urea, Creatinine,needs to be done.Also a thorough clinical examination to be done by a Physician. Also a complete Psychological and Psychiatric state examination to be done by a psychiatrist.After all these a Urologist should Certify that he is impotent.Only a certificate issued in such a way will stand legally. That too the medical team should be constiyuted by the Court itself, when any one of the parties ask for such an examination.



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