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Naresh (In search of job)     21 December 2011

Want to request court defer judgment till medical board resu



Dear members,


I have a critical situation in maintenance   filed by wife u/s 18 HAMA after I (husband) filed divorce u/s 13(1)(1-a) on cruelty and desertion grounds. Wife alleged, husband impotent and to confirm that I'm sent to medical board on petition (u/s 151 cpc in divorce OP case) by wife. All tests (physical & physhiatric) by Medical board tests are done. Only thing remaining is they(Medical Board) have to send result of the tests to court.  I'm confident that the result will be in my favour :-)


Both divorce & maintenance cases are currently in the arguments stage. But in the divorce case before proceeding to the arguments stage, result of the medical board (to find potency/impotency of husband) is awaited.


But in maintenance case, though the impotency allegation is made by wife, she has not pleaded for the result of the impotency test done as part of the divorce case. As a result in maintenance case, arguments stage is proceeding, without confirming the validity of the impotency allegation.


In this situation I have the following questions.


(1) How do I ask the court to take the result of the tests done by medical board into consideration before delivering the judgment in maintenance case?


(2) Even after the arguments stage also, is  it possible to request the court to take result of the medical board, if yes, how to do it?


(3) Normally after arguments, how many days it will take to give judgment?


(4) My lawyer says it is not required to get the result of the medical board in maintenance case!!! is it true?


(5) She in her maintenance petition says that only reason to separate from husband is due to his impotency, if that were so, I feel that the result of test is important to decide on the maintenance case?



Please advice me what to do?




 2 Replies

Dr. GYV Victor., PhD., CEng., (Chartered Engineer Dredge Master (STCW 95) Marine Shipping Contracts Customs Arbitrator and Consultant)     21 December 2011

If you are proved by the medical examination that you are normal, then the grounds of divorce shall not be valid. If not proved that you are normal, then the grounds for divorce shall be strong resulting in divorce 

Maintenance is a right of the female from the male (indian law cant be changed), so the maintance petition shall not have any bearing on the medical examination results, but since the charges are severe, the court might in its authority wait for the medical results to arrive at a conclusion if a divorce could be awarded.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 December 2011

After arguments?


What were you doing till now.





Shonee Kapoor

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