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Soman (Dy Manager)     13 April 2014

Should i admit ?

Cases against me are for divorce under 13 (i) (ia) and maintenance under CRPC 125.

Absolutely no document on the reasons for divorce were submitted as evidence & no witness. (The accusations are impotency, physical and mental cruelty.)

At present, her cross is going on. She has accused that I'm impotent & named a s*xologist we consulted at that time (18 years back). The Dr. will not give evidence & there are no documents. We have two kids 16 & 8 years.

Should I admit that we met the s*xologist,  which can not be proved by her? Or, is it better to deny any such visit? Please advise.



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 3 Replies

Laxmi Kant Joshi (Advocate )     13 April 2014

if she have no document of your visit to that doctor , and the doctor did't maintain any record of his patients then deny the allegations but if she have the proof or the doctor maintain the record then admit that you had visited the doctor only to get self confidence in s*x of your married life .
2 Like

T. Kalaiselvan, Advocate (Advocate)     13 April 2014

You consult your lawyer and decide about tackling the issue of having met a s*xologist earlier.  However, the impotency has to be proved especially in the light of two children born to you both, challenge her claims and fight it back properly.

1 Like

Shantanu Wavhal (Worker)     13 April 2014

do understand that mere non consummation is of no use.


this non consummation should be DUE TO THE IMPOTENCY OF THE RESP.


that is - the petitioner has to make the other spouse a scapegoat for non consummation 

 

12.       Void able marriages

(1)       Any marriage solemnized, whether before of after the commencement of this Act, shall be voidable and maybe annulled by a decree of nullity on any of the following grounds, namely.-

1[(a)     that the marriage has not been consummated owing to the impotence of the respondent ; or]

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