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virginity test and annulment?


Wife asked for Annulment but husband is contesting the same and also filed RCR. They lived together only one month after marriage.

Wife got the virginity test report by Medical Board in her favour, ie. The report says hymen intact and no signs of penitration found.,and the husband also got the Impotency test report by Medical Board in his favour, ie. The report says no signs of impotency found.

So, In this scenario what will be the approach of court? Any chance for allowing Annulment? Can husband sussessfully contest the case and win? Is virginity test and findings still valid in court if husband also proves that he is potent?

Any judgements on similar cases for reference?

 
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Consultant

HYMEN can be intact even after full penetration. contact an expert on this issue.


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propra

This is the difference between marriage and 'buying a new car'

 

Once you buy the car in the showroom after signing the papers and number plate alloted to chassie, that's it....it's value is depreciated in accounting books!!! it can not be rolled back, even though the buyer shows he could never drive it as he didn't have license.

 

 

But in marriage you can regain 'never married' status by annulment.

 

 

It would be better if husband accepts the annulment. Generally there is no maint or alimony problems when marriage is annulled or rolled back. also crpc125 won't applicable as 'marriage' is rolled back and both regain 'never married status vide annulment'

 

So no obligation on husband towards wife. And Husband should be happpy as he also has the certificate.

 

 

But if Hon Court grants divorce then, it would be more problematic to husband.

He should be happy that wife is asking for annulment!!!

 

 

Send me PM please I would like to say something more to you only.


 

 
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For whatever reason, if wife does not want to live any more with husband, then what is the point of opposing it? I do not understand, what is wanted, is the husband trying to prove his erection and penetration? Anyone can say Mr. X is cold and good for nothing in s*x or anyone can say Ms. Y is cold and good for nothing in s*x. What difference does it make to the reality?
 
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Nationalist

Regarding this there is a judgement of Rajasthan High court, Woman can not be forced to live with anyone, with whom she does not like to live, plz go thru the news article below,

 

Married woman can live with her lover, says court

K.S. Tomar
Jaipur, April 18, 2007

CAN A married woman lawfully live with her lover against the will of her husband? The Rajasthan High Court says yes. In a judgment on Wednesday, the court allowed a married woman, Manju, to live with her lover, Suresh. “It is improper to pass an order to hand over any unwilling married woman to her husband with whom she does not want to stay,” said justices G.S. Mishra and K.C. Sharma. The court also said that nobody should consider an adult woman as a consumer product. 

While dismissing a habeas corpus petition filed by Manju’s husband, the court came down hard on the misuse of habeas corpus petitions by people who want to thrust their will upon adult women without their consent. The court said the husband was free to approach the family court for divorce.

Commenting on the judgment, senior Supreme Court advocate and noted women’s rights activist Indira Jaising said, “Though it sounds strange, I am in complete agreement with the high court.”

“At the end of the day an adult woman has a right to decide whom she wants to live with. She can’t be forced to go with her husband against her will,” Jaising said.

In this case, Jaising said, it is clear that the woman was prepared for divorce. She also felt that Manju’s husband had abused the habeas corpus petition because such petitions were generally filed when somebody is actually missing.
Asked whether it amounted to adultery, Jaising clarified that the woman could not be prosecuted for this offence under the law.

As for the other man, she said, “it seems he is ready to face that”. National Commission for Women Chairperson Girija Vyas said that although it seemed like an important judgment, she could not comment on it since she had not seen it yet.

Manoj Chaudhry, the counsel for Manju and Suresh, had earlier rejected as baseless the allegations that Manju had been kept in illegal confinement by Suresh. He said that the duo had been living together by their free will and that the relationship had begun even before Manju had got married.
(With inputs from Satya Prakash and Sutirtho Patranobis in New Delhi)
kstomar@hindustantimes.com

Source/Link:

http://www.hindustandainik.in/news/5922_1971055,0015002100000000.htm

 

 
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Consultant

go ex-partee

 
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practicing advocate

Intact of haymen is good ground, but when you have married it is bounded to maintain your wife.  Whatever the medical report but you have to maintain your wife.

 
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propra

Question raised?  :: CAN A married woman lawfully live with her lover against the will of her husband?

 

Yes...nothing stops her from doing so!!!

 

Another Question   :: CAN Anyone commit a crime, adulteration, corruption if there is likelyhood to get away without punishment??

 

Yes...nothing stops from doing so!!!

 

 

.........................What kind of question we are debating on this forum????

 

Please don't argue just for the sake of arguing....


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Advocate

Haaaaaaaa! Great Jamai of Law.

 
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For justice and dignity

Originally posted by :Avnish Kaur
"
HYMEN can be intact even after full penetration. .
"

 

 

hearing this for the 1st time..

 
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