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mrgop (Owner)     09 August 2012

Whats the procedure to get potency test application allowed

I've filed application for my potency test by medical board in counter of wife's petition for annulment on ground of my impotency. Since then on hearing dates, two dates passed, her advocate appears saying 'petitioner is absent', and judge gives next date ignoring my advocate's request to allow my application for potency test. My advocate is not giving clear picture about whats is happening and why my application is not allowed. So, please help me to understand the procedure better. 1) Is her presence must to procedure the case further and allow my application? 2) Do she have to file reply to my application for potency test, before getting my application allowed? 3) if so, can I request the court to close the current stage and move on to next stage on her absence? I want to either get her petition dismissed or get my application for potency test allowed as soon as possible so as I can convert my RCR to divorce on ground of mental cruelty and desertion. I filed RCR 6 months after marriage and since then 3 years passed so I think now I can use at least the desertion ground for divorce without any problem. So, please suggest better way to proceed this case.



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 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     09 August 2012

The court must have passed the order of 'other side to say' on your application for potency test. Request the court to pass and order of 'No say' and proceed to decide the application without the 'say' of the opponant.

 

You can convert your RCR to divorce on the ground of mental cruelty and desertion even now and mention in it her allegations of impotency made in her petition for annulment.

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Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     09 August 2012

Rationally it is not an application on which the opposite party's reply should be sought. She has levelled an allegation and your are rebutting the same by objective expert evidence. It is inconceivable how she may object to the same. Insist on 'no reply' observation from the judge and proceed with the case. It would be better filing Divorce after expert opinion comes out, infact you can seek independant expert opinion as well even without court's permission and use it in Divorce petition 

mrgop (Owner)     09 August 2012

I don't know if judge passed the order of 'other side to say' on my application for potency test. I was present on all dates even in the date of application filing. Actually the application contains a request to court to send me to medical board for potency test to find out the truth of her impotency allegation which she has mentioned in annulment petition. When my advocate submitted the application for potency test, the judge did give next date without any order / comment. 

So, what will be the default order on such application 'other side to say'  or 'no reply' ? Where can I findout the existing order?

If the order is 'other side to say' , what will happen she did not filed any reply? Will her petition get dismissed? 

If I ask for 'no reply' order, can I use the test result against her to get divorce on mental cruelty at later stage?

 


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