Upgrad LLM

varicocele stands as impotence ground!!!


My ex-wife has file Divorce petition after 3 years falsely claiming impotence grounds.  They are showing my medical certificates of varicocele as an evidence for impotence.  Will this evidence stand in the law of court?

 
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Advocate

Dear Mr. Madhu,

Impotence should not be confused with ability to procreate.  Due to vericocele probably your semen may not have adequate quantity of moving cells, and consequently the chances of impregnating may be less.  But that cannot be called 'impotence'.  Impotence according to my understanding is more to do with 'erection' and 'penetration'.  You have to take appropriate medical opinion to rebut the allegation. 

Disability to impregnate by male or inability to bear a child by a female are not grounds for divorce.   


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Thanks Ramachandran,

             I know that varicocele is related to infertility but not impotence.  But the opposite lawyer, who is owning a own nursing home and his brother-in-law a surgon have submitted my varicocele certificates as an evidence as impotence ground.  Many urologist have confirmed it that Varicocele is nothing to do with Impotence.  My sperm count is 25 million.

             How to tackle this situation?

 

 

 
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Consultant

ask him to submit a proof from any renowned book on andrology which mentions varicocele leads to impotency.
 


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propra

Read cross examination of experts witnesses.

 

Your awyer should be able to catch the expert in his own words.

 

bilateral varicocele is also a type of varicocele. The erection causes extra flow of blood in testicle veins varicocele. and that causes severe pain and it also hampers to sustain stiffness

or

rather a person prefers to withdraw from 'action' not being able to sustain that pain. Wife may claim she remains unsatified in such a scenario unless husband gets it cured.

 

 

So it not exactly a direct 'symptom of impotence'  but side effect of bilateral varicocele may result as 'non able to perform' due to pain.

 

 

If a person suffers an injury over there due to some accident, let's says (playing cricket without wearing a guard!! e.g.) , and not able to perform, will it be called impotency? NO ................ it is a result of injury and it may be called as 'incidental termination of potency' by some injury or side effect of medicine.

 

 

Ask wife to settle the matter out of court.


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Consultant

why she waited for 3 yrs about impotence?

 
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We never have any issues with regular family life and she was happy with s*xual life all these days.  With the wrong guidence of a doctor who is family friend, she started this drama.  I even met that doctor in person and explained the situation.  Even he told that its not a problem.  Now they are demanding 40 lakhs for out-of-court settlement.

 
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She waited for 3 years, because he elder sister's divorce was pending in court.  Once it got settled she started this drama.

 
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She waited for 3 years, because her elder sister's divorce was pending in court.  Once it got settled she started this drama.

 
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Consultant

join SIFF  to extract something from her instead


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