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Proving female impotence in court

Page no : 2

DR.SANAT KUMAR DASH (Eye Specialist)     26 February 2010

MR.   GOP, 

                          SEMINAL   FLUID   ANALYSIS    OF   MAN   SHOULD    BE    DONE   AFTER   3 ( THREE )  DAYS    OF   ABSTINENCE.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     26 February 2010

Erection. Only erection is in question for male impotence - before the court. Female impotence is unknown to  the court.

when a male went to court for non conceveing by her wife, court refused his plea by saying that - it is thejob of a doctor. therefore when the sperm count etc will be in question, and court attends it -  then it will be a surprise.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     26 February 2010

12. Voidable marriages. (1)Any marriage solemnized, shall be voidable and may be annulled by a decree of nullity on any ground, namely (a) that the marriage has not been consummated owing to the impotance of the respondent.

- Therefore female impotence is also recognized by the law.

mrgop (Owner)     26 February 2010

What if husband becomes impotent some time after marriage? Can wife go for divorce on this ground? Is the rule of he/she should be so 'now/after/before' the marriage applies to this issue also?

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     27 February 2010

yes mr mrgop, male impotence is verious types. a man's erection may fall with a perticular woman and may up for a perticular another woman. This is fact. 

This is not impotence, a temporary form of it, i feel it is more physycological than physical.  i read it in books but do not read about any judgement on the matter.

Gundlapallis (Advocate)     27 February 2010

In case of women impotence is not the right word - the condition of inability to participate in s*x by women is called rigidity; this is psycological condition - not physical.

suresh (hhh)     09 March 2010

Mr Arup and Hardik, How come, a gal can find out that her husband is impotent in First Night itself.???..if you r saying that the impotency test for male is to test the semen for the sperm count,production of the semen, mobility and mortality of the sperm as well as the sperm count and the activeness of the sperm, then how come she analysed in the first night itself??? Bcus in my case, my wife filed that i'm impotent. And she came to know that in the first night itself...

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     09 March 2010

mr suresh,

semen test is diffrent. this test done  for the purpose of getting child.

male impotence which related with law, is erectional ineffiency (erectional diesfunction), - a seperate test is there, erection ie, ableness of a .........., to penrtrate into the ........

suresh (hhh)     11 March 2010

Thanks Arup Kumar for your clarification.....Doctors in this forum, could you please help me on this abt the test for erectional ineffieny?


(Guest)

1.Penile Erectile Dysfunction (in Men; called as Impotency commonly by wife to get rid of Him on the very first night) :-)

Conclusive Test in Court of Law to prove (male) impotency is callaed "Total testosterone Test"

What is being tested?
Testosterone is a steroid hormone (androgen) produced by special endocrine tissue (the Leydig cells) in the male testes. Its production is stimulated and controlled by luteinizing hormone (LH), which is manufactured in the pituitary gland. Testosterone works within a negative feedback mechanism: as testosterone increases, LH decreases, whereas increased LH causes decreased testosterone. Testosterone levels are diurnal, peaking in the early morning hours (about 4:00 to 8:00 am), with the lowest levels in the evening (about 4:00 to 8:00 pm). Levels also increase after exercise, but decrease with age. About two-thirds of testosterone circulates in the blood bound to s*x-hormone binding protein and slightly less than one-third bound to albumin. A small percent (about 1-4%) circulates as free testosterone.

In males, testosterone stimulates development of secondary s*x characteristics, including enlargement of the penis, growth of body hair, muscle development, and a deepening voice. It is present in large amounts in males during puberty and in adult males to regulate the s*x drive and maintain muscle mass. Testosterone is also produced by the adrenal glands in both males and females and, in small amounts, by the ovaries in females. In women, testosterone is converted to estradiol, the main s*x hormone in females.

How is the sample collected for testing?
A blood sample is taken by needle from a vein in the arm.

Is any test preparation needed to ensure the quality of the sample?
No test preparation is needed.

What are the related tests?
Follicle stimulating hormone (FSH),
Luteneizing hormone (LH),
Sex hormone binding globulin (SHBG),
Free and bioavailable testosterone,
Dihydrotestosterone (DHT),
Estradiol (Estrogen),
Gonadotropin-releasing hormone,
Dehydroepiandrosterone sulfate (DHEAS)

2. What is Female Impotence?

Female impotence is the inability of a woman to attain or maintain a clitoral erection through orgasm. It is "unspoken truth" but worth mentioning about it here .! Many people do not understand that a woman must have a fully-erect clitoris (clitoral erection) for her to have an orgasm. yet many newly married men fail to read through this very symptoms on their very first night and thus fail to establish that there is something called opposite ot male impotency found in women too.

2. What is Female Impotence?

Female impotence is the inability of a woman to attain or maintain a clitoral erection through orgasm. It is "unspoken truth" but worth mentioning about it here .! Many people do not understand that a woman must have a fully-erect clitoris (clitoral erection) for her to have an orgasm. yet many newly married men fail to read through this very symptoms on their very first night and thus fail to establish that there is something called opposite ot male impotency found in women too.

What tests are done to determine level of clitoral erection by a female?
There are various hormones secreted by ovaries. These are steroids derived from cholesterol. These include estrogens, progesterone, testosterone and androstenidione. The most important female s*x hormones are estrogens and progesterone. Normally harmone tests and blood tests and watchign history of menstrual cycles of a women resulting below normal level are conclusive enough to establish her not to be impotent. 

3. To my reading case laws of SC male related impotency case laws exists but female related case laws are dismissed enough it seems number of times. May be it is about time "ask the court ot constitute Medical Commission" to do the lab. tests on women to prove the "unspoken truth"

4. I recall there is this SC case law of recent months where SC sent back a Trial Court file back to trial court even after HC refused for constituting "medical commission" in a matrimonial suit saying that "trial court" has power enough to constitute medical commission to go into the root of the issues of parties and may be the findingof the commission may help the women with her medical problems and it is not a penalty to constitute such commission. karaney wala hona chahiye janab (means Law is there just like Sh. Arup ji correctly says under Law provision is there to dissolve such mariage so implementation of wordings from the very same law is necessary by a litigent inteligently).

Regards
D. Arun kumar, ishqindia@gmail.com New Delhi
PS.: Mods. you may delete this post if it hurts sense and sensiability of women readers, but truth is always harsh !

1 Like

suresh (hhh)     14 March 2010

Thanks MR.Arun Kumar for your valuable explanation..will be very useful for us. Thanks

Umesh Pandurang Jadhav   03 March 2018

hello ,

I am doctor ,

I would like to tell, its possible to prove impotency in men as well as in women without ground of medical evidance ,But need some supportive words in filling petition and in w.s.

It might take time ..... 

Even to proven impotency you need a good lawyer who can prove it in cross examination.

here I write types and classification of impotency ;;;

Impotency can either be physical or mental.

In physical impotency you need a medical certificate to prove in court.

In mental impotency there are again two type ,1)abnormal mental impotency - which need medical certificate of her mental illness such as depression,bipolar disorder,hysteria,mania,psychosis.

2)normal mental impotency- in which the person is normal  but it give aversion to s*xual act.  ,like while a spouse approch to touch that time the spouse will averse by tell telling dont touch me ,I dont want it right now...here you dont need any medical evidance ,just need to take best crosss examination.......in court 

for further details you can contact me 

7798764393

Umesh Pandurang Jadhav   03 March 2018

hello ,

I am doctor ,

I would like to tell, its possible to prove impotency in men as well as in women without ground of medical evidance ,But need some supportive words in filling petition and in w.s.

It might take time ..... 

Even to proven impotency you need a good lawyer who can prove it in cross examination.

here I write types and classification of impotency ;;;

Impotency can either be physical or mental.

In physical impotency you need a medical certificate to prove in court.

In mental impotency there are again two type ,1)abnormal mental impotency - which need medical certificate of her mental illness such as depression,bipolar disorder,hysteria,mania,psychosis.

2)normal mental impotency- in which the person is normal  but it give aversion to s*xual act.  ,like while a spouse approch to touch that time the spouse will averse by tell telling dont touch me ,I dont want it right now...here you dont need any medical evidance ,just need to take best crosss examination.......in court 

for further details you can contact me 

7798764393

1 Like

Rishi kumar   04 March 2018

Yes doctor you are right both medically and legally. According to modi's book of medical jurisprudence and toxicology a person is impotent if he or she is not unable to perform the s*xual act due to physical, medical or psychological reasons  or all of these reasons. 

But sadly, when things take a legal turn, many of the advocates, ever senior lawyers are not even aware of it or have really wrong notions about it. Some of them, when you say unconsummated marriage, think that we are talking about infertility. Infertility is one thing and impotence is another thing altogether. Impotency is a ground for  nullity where as infertility is not as it is considered an act of God.

It is not wrong to say that women are impotent. Any person not capable of having proper and full v**ginal intercourse is impotent. It is simply not used  fearing repercussions. 

If we have medical records impotency even in females can be easily proved. But reality in courts is different. The wife will lie thro her teeth that it is the husband who is impotent.

I write here because I am fighting a legal battle for nullity because of the impotence of the respondent (wife). I have tried treating her for 6 long years. But doctors who you have consulted refuse to entertain you once the case has gone to court. And there is no time bar to apply for nullity under section12(1)(a). 

By the time the case reaches the argument stage many of the men get tired because wife drains all his resourses, esp. Financial and he will not be in any mood to fight. Even in my case wife has filed all sorts of cases against me and and I have proved almost all of them in the DV case which is almost coming to and end. Still she fights unabashedly. This is the state of law  in our country. She is not punished for anything. I request all leaned me here to help me with whatever points possible so that I can fight my case more effectively.

 

Rishi kumar   04 March 2018

Sorry, it got repeated.


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