Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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498A_Victim (service)     01 March 2015

Wife filed divorce on ground of impotency of husband

Hi All,

Marriage was in 2012 and wife filed 498a in 2013 over dowry and impotency allegation, As 498a case got stayed from UP HC in Nov 2014, Now in January 2015 she has filed annulment petition on impotency & non consummation of marriage allegation, Husband has the medical tests reports done prior to 498a FIR, would it be required to undergo the same tests again or the same old reports would be considered by court in case for the impotency allegation?

Further my question is, as the case is running in UP family court and First date is in April 2015.  I read that wife need to submit proof for impotency allegation as per SC, so will Husband need to show his old reports to court or let the case be pushed by wife side?

Also will it be refered to mediation as the case is of Family court and I read that all Family court cases are sent for mediation initially.

 

Please Guide on the steps to be taken for the case.



Learning

 5 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     01 March 2015

Dear, First let me know whether u wanted to save marriage or just win the case and prove her wrong.... Then only I will be able to think and move ahead accordingly.... Kapil Chandna Adv 9899011450

Born Fighter (xxx)     01 March 2015

if your reports are normal then why are you worried and why do you want to even go for mediation route ?

Her lies will be exposed in the court of law once your reports are produced. Go to the court with clean hands by doing a fresh test with a reputed hospital. Remember you need to fight for your dignity, such serious allegations ( if they are false) need to be dealt with sternly as they are affecting your social standing in the society

498A_Victim (service)     03 March 2015

Thanx for reply,

 

@Kapil: after 498a there is no point of saving the marriage,

@ BornFighter: Only intention is to drag her to the court and let her run for divorce, as there is no wish to get married again in husband.

 

 

Adv. Chandrasekhar (Advocate)     03 March 2015

1.  If marriage is consummated, then contest the case by filing the medical reports available with you.  If she wants to further continue this case, she willl move application in the court for your medical test by Govt. agency.  If you have no problem with your virility, then you succeed and you can ask her for withdrawal of Section 498-A case and also, if the situation allows for monetary compensation for defaming you.

498A_Victim (service)     03 March 2015

@Adv Chandrashekhar:

the main problem is marriage couldnt consummated as wife was reluctant to have physical relatioship, also during last 2 years of 498a case getting very low and suspecting virility over the period.

 

can u pls tell the steps which will be taken by court/her lawyer in coming time.


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