Dear members,
I (husband) had filed a case for divorce u/s 13 (1) (1a) on cruelty and desertion grounds. Currently, evidence and cross-examination is going in family court. In this regards, I have the following questions, please clarify them.
(1) Till now, we have cross-examined RW-1(wife), RW-2(father-in-law) and now for the next date RW-3 (wife's grand father) is to be cross-examined in my divorce case. In each of the cross-examination of RW-1,RW-2 have claimed that they have given 5Lac to petitioner(me) at the time of marriage, but when asked for the documentary or any other proof, they said they don't have any, now in the evidence of RW-3 submitted to the court, a copy of which is given to me, he(RW-3) claimed that he is the witness to the 5Lac that was given to me (PW-1) at the time of marriage.
My question is, "what are the chances that his evidence be considered as the truth by the court? Is it suffice for the court that if somebody claiming to have attended the marriage has seen the respondents have paid money to the petitiioner?".
(2) To my divorce petition, they, in their counter have alleged that I'm impotent, and so seeking divorce with false allegations and by suppressing impotency factor. Now, the cross-examinations of PW-1, RW-1, RW-2 are over. In the cross-examinations, RW-1, RW-2 told the court that they came to know of PW-1's impotency after 4 yrs of marriage that too after PW-1 had filed a divorce case (PW-1 had filed divorce case after 16 months of separation, which is agreed both by PW-1 & RW-1), During the cross-examination, RW-1 told court that the only reason for her to stay separate from the petitioner is his impotency and at the same time she says she came to know of his impotency only after PW-1 filed a divorce case, this implies that there must have been a different reason for her living separately for those 16 months, when petitioner filed a divorce case. Now, she filed a petition in u/s 151 cpc, that pw-1 be ordered to undergo medical checkup for impotency on my (petitioner) cost!!!
My questions are:
(2a) Though I would like to undergo medical checkup, I don't want to bear the expences of the cost. So, can I say the same thing to court? Also, as it is her allegation, it is her job to prove I'm impotent and I'm willing to cooperate, but she should pay for that. Is this the right way of argument as per the court?
(2b) Since she herself admitted that she came to know of impotency after 4 yrs of marriage and that too after I filed for divorce(by then already 16 months passed after separation), and her only reason for separation is impotency, which is a contradiction and so can I request to court not to entertain her petition to send me to medical board on this false allegation?
Please clarify
Thank you
-Naresh
