Dear learned members,
(1) If Husband had filed divorce suit on cruelty 13(1)(1-a) and desertion.
(2) And the wife in her counter also prays for divorce to be granted on her grounds (impotency of husband), but not on the husband's grounds and also wants 50L as damages as her life is spoiled due to impotency. Here two cases, after referring to the doctor (a) he is proved to be impotent (b) he is not impotent
In the above scenario?
(i) If both the husband and wife not able to prove beyond doubt their allegations, but both want divorce. In this situation, will the divorce be granted, if so on what grounds? if not why? and what about the 50L thing, wife wanted?
(ii) If husband turns out to be impotent from the tests, then what happens on the divorce thing and the 50L thing?
(iii) Is there any chance of dismissal of the divorce petition due to insufficient evidence even if wife wanted divorce? Is there a chance for court to infer that for wife to get divorce, she has to file a separate petition for divorce or the counter prayer is sufficient?