How to get potency test done?

I have already answered this question a few times, copying from one particular place for your benefit.

 

I assume you are facing allegations of impotency and here is what you should and should not do.

Virginity Tests
Never file an application for the girl to undergo a medical test. Your lawyer can ask the question to her if she is willing to undergo a test during the final stages of her cross-examination. Then drop it, do not pursue it. If she magically produces a certificate stating she is a virgin, do not accept it. File an application to refer her to the Medical Board. The truth will soon emerge.

Counter Allegation
Never accept anywhere that you have faced difficulty in having s*x with your ex. The judges will not even attempt to see on whose side the fault is. They will assume that marriage has not been consummated and hence the impotency charge has been proved. Understand this, potency and consummation are different subjects. A person can be potent but may not consummate the marriage owing to extraneous reasons. She may herself deny the conjugal rights and then file a divorce petition in the court claiming the respondent is impotent.

Separate the issues. First provided adequate medical proof that you are potent, then show to the court by the behavior that marriage has been consummated. Inform the court that you enjoyed blissful conjugal relationship and she was very enthusiastic in bed, and in fact participated in all the normal s*xual activities.

Notice/complaint
Since she will raise the bogey of impotency, you need to be very careful of how to handle the situation. Never admit in writing/e-mail/panchayat/telephone that you faced problem in conjugal relationship. The judge when confronted with this evidence will assume that marriage has not been consummated.

Now if she sends you a notice or gives a police complaint, celebrate. Because she gave the complaint, she is bound by the result of the medical tests. The legal concept for that Doctrine of Aprobate Reprobate. Ask you lawyer about this for explanation. If she makes an allegation that you have got the certificate by bribing/impersonation/faking etc., it will not stand in court as she was the one who made the allegation and got the respondent tested, and cannot disown the results if they go against her allegation.

Do mention in your statement of objection that you underwent the medical tests at her instance. However if she makes an allegation that the documents are fake, you can use the doctrine of aprobate reprobate during written submission stage and not earlier.

Tests and Doctors
Actual approach to the medical tests. You need to be very careful about how to get the tests done. The tests are divided into three parts -

1. Semen analysis
2. Penile Doppler Scan
3. Visual Examination

The doctors play a very important role in this. Always approach a URO-ANDROLOGIST in the Fertility department. No other doctor will suffice.

I know that it is impossible for a normal man to get an erection in public places (unless you are a pervert ;) ). How to overcome the problem ? The doctor will ask you if you can get a normal erection, or you will be administered a erection inducing drug for the tests. Refuse the drugs, inform the doctor that you are confident of getting a natural erection but need some time and privacy, which will be given by the doctor. Before you go for the tests, go to any pharmacy shop and purchase sildefanil (viagra/penegra) pills. Take one pill 30 minutes prior to the tests. You will get a natural erection. Take along some adult magazine, masturbate in the hospital premises and provide the semen sample.

The doctor will make a note in the file that you have a natural erection. Very important that you get it noted down.

For penile doppler test, again refuse the erection inducing drug, take the pill 30 minutes prior to the test and get the scan completed. The key in getting successful test is breathing normally. Do not breathe rapidly, because the blood starts flowing to the heart and brain rather than to the penis. The doctor will think that the blood flow is abnormal and will make a note of it in the chart, which will go against you. Relax, laugh, take along your buddy, crack some dirty jokes, but ensure that you are not stressed out. The report should show that blood flow is normal and hence no damages such as venus leak or damages to the veins.

The final test is visual examination. The doctor will examine your penis in two states, flaccid and aroused. He will ask you to cough and examine for damages to the organ. Again refuse the erection inducing drugs, pop a pill 30 minutes before the test and get it examined.

The medical certificate should mention that all tests were done on the subject, in a naturally aroused state. Ensure that details such as your correct name, dates of tests, age etc are correct in the certificate.

Psychological Problem
The next problem you may encounter is psychological problem. The allegation will be like that you suffer from some fear psychosis or perverseness which prevents you from getting an erection. If that is mentioned in the complaint/petition/notice, approach any government clinic and get in touch with the doctor. In my case, me suffering from psychological issues were brought up during the evidence time, which the judge refused to consider. I do not have any experience in how to overcome such tests successfully.

Doctors Evidence.
Now after the trial starts, get her evidence completed. You will stand in the witness box and finish your and other corresponding witnesses croxx-examination. After everything is done, file an application in the court summoning the doctors who did the Semen Analysis, Penile Doppler Scan and the doctor who issued the medical certificate.

Accompany the court officer who will serve the summons to the above mentioned doctors. Find out their daily consultation fees and pay 50 % over that amount to the doctors privately. They hold the key to get the dismissal. Inform them to get all the medical records in original form. Confirm the dates and the procedure to them. Both you and doctor must sing the same tune and speak the same language. Inform them that the questions they face will be with reference to faking the certificates, forging of their signatures, that they have taken bribes, tests were not conducted on you but somebody impersonating you.

After the doctor's testimony, comes the written submission part. Inform the court that these doctors are top-notch specialists in their respective fields, the hospitals are highly reputed, they are neutral witnesses and have no benefit in giving testimony in your favor.

Court Behavior
Drop the bomb that you are always willing to undergo any medical tests anywhere recommended by the court, and challenge the girl that is she willing to drop the case if the results come against her. Now imagine what will be her reaction to this uncomfortable question. If she says yes, the judge will come to the conclusion that she is a fraud. If she says no, she will have to prove why for which she will have no answer.

Oh and good luck, do not worry, be confident, cheerful and positive. It is very important for you to be present before the judge at all stages. He will visually examine you to see if you have any physical characteristics why may confirm the falsehood presented in the petition.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

@Shonee

Why they do 1) Semen analysis as part of potency test? Actually Semen analysis gives only the fetitlity ststus of men... but the same not a ground for divorce in Inda. So, disclosing the fetitility status of a man by conducting Semen analysis in the name of poency test goes against the fundamental rights ie. personal diginity. am i right? The other two tests ie. 2)Penile Doppler Scan and 3)Visual Examination are ok as the result of the same is required by court to decide the case.

So, my question is can husband successfully refuse to go for Semen analysis and at the same time be ready for Penile Doppler Scan and Visual Examination in proving potency?

It would be much appreciated if anyone can give the opiniton of a Doctor on whether the Semen analysis is a must for potency test

Mr. mrgop is absolutely correct.  Semen analysis test only indicates the fertility and imfertility is not a ground for annulment, judicial separation or divorce and hence man can refuse to undergo this test.  But trial court judges may not be good at this particular branch of science and hence, the counsel for the husband has to put the scientific details of semen analysis in his application for proper appreciation of the court.

Men community where is your right to life and personal liberty. In today scenario marriage may be it hindu or muslim marriage it has taken the form of contract. Before undergoing these test it is better to give your spouse divorce by mutual consent and amicably.

Men community where is your right to life and personal liberty. In today scenario marriage may be it hindu or muslim marriage it has taken the form of contract. Before undergoing these test it is better to give your spouse divorce by mutual consent and amicably.

It  is not the question of men community versus  women community.  If a woman alleges that man is impotent, the question is that what are the tests he has to take to prove that he not impotent.  Here, my clarification is that imfertility is not a ground for divorce, where as impotency is a ground for annulment and also for divorce, as impotency of husband is cruel to the wife.  Similarly, in the case of women, baren-ness is not a ground for annulment or divorce, but impoteny is a ground under annulment and divorce.

hi MrGop,

 

I know about semen analysis test and so much so on.

 

In real sense, a potency test should be done with 24 hour observation in hospital, there is a thing called "Morning Erection", which should be visually examined. Also, no use of p*rnography/ medicine should be allowed.

 

But add to the same the lack of interest in judges/ lawyers etc and lack of time devoted to this particular allegation.

 

In strictest sense, this case should run for maximum 3 hearings. And once it is proved or disproved, it should be decided.

 

However, as we have seen, the divorce petition comes with a bundle, 10s of things rolled into one. Impotency/ Dowry Harassment/ Cruelty/ Adultery and so on. The courts say.... ohk, they are in no hurry, so why should we be. And hence somewhere it is shortcuts and somewhere it is getting into rounds.

 

Two weirdest petitions I have personally seen, which are still in court of law:

 

a) Girl has charged the man for impotency and they have a One and a Half Year old Daughter.

b) Girl has charged the man for impotency, in two paras down, she talks about how the guy and his family forced her for an abortion after doing Pre-Natal Diagnosis and found her to be carrying a female foetus.

 

So I am not surprised Semen Analysis test is part of potency test in India.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

 

 

 

hello!

very informative & comprehensive artical by Shonee!

one thing i may add: Also ensure that the doc writes down ur "mark of idetification" on the final report & preferably gets ur signatures on it too. It will help u proving the authenticity of the report easily if the opp. gang plays some trick to delay the hearings.

Thanks Adv. Chandu and Shonee for informative replies..

But, the question.. should semen analysis be done to prove a man's s*xual potency  remains unanswered by a medical expert.

So it would be much appriciated if anybody could discuss it with an experienced doctor and quote his opinion here.

 

:-) Strictly Speaking, it is of no use.

 

But when court orders for it, either get the test done or challange that order. What would a fit man prefer?

 

Galsober, these tests are done under court supervision. Hence all identifications are noted

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Impotency may either be a disability to proceate or recreate

Yes, its true in medical terminology! But advocates commonly use it to mean erectile dysfunction which means inability to develop or maintain an erection of the penis during s*xual performance. Actually, disability to proceate is not a ground for annulement or divorce in India. But erectile dysfunction (ED) is a ground for annulment/divorce. So, semen analysis result has no role in deciding the case and only the ability to get proper erection matters..

I concur. Regards, Shonee Kapoor harassed.by.498a@gmail.com