srinivasan (manager) 23 June 2015

Potency test result favour but judge not consider for divorc

Dear All

I failed divorce petition on Jul`2013 and my wife filed petition that I am impotency so I voluntary filed potency test in court and court granted and am taken medical test in government hospital and hospital send potency certificate directly to court but judge not consider the potency certificate and he push opposite party conduct cross examination for more than three times and opposite party voluntary harassment me in more than hours in each time ....

what i to do further? i get certificate both from private and government doctors that iam potent but still opposite party speaking too much in front of judge like useless etc., but judge not react .

what medical examination certificate not enough to prove myself....kindly advice further step.

Regards

D.Rajendran

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2 Replies

(Guest)

Sir,

Bone of contention that you are important read impotent should be proved by your wife and not by you.

she should prove that your are important. She should ask court for conducting potency test with CMO of govt hospital, or she should give proper evidence to that effect to confirm that you are important during her evidence. and if she provides such, you should provide your certificates in counter.

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Ezhil Bose (Advocate High Court-Chennai) 23 June 2015

Impotency is one of the grounds under family law to get the divorce, since you have given a potency test the judge would have not granted divorce.

Further, you have to prove one of the grounds such as adultary, not heard for years to together or other resons under the family to get a divorce from your wife. Since, you proved that you are fit to lead a family life, the judge would have not granted a divorce.

Further, in your case it appears like that your wife wanted you to back off with the divorce since you initiated it first, that is why she has filed a counter claim that your impotent, so that you would you would rebut their claim.

If ever if you want a divorce from ur wife, you should prove the grounds under family law to get a divorce. Orelse you can move with divorce through mutual consent. Again if your wife is unemployed, after divorce she can claim for a maintanence from you.