Last two years, husband is contesting a annulment/divorce case filed by wife on allegations of his impotency and non-consumation of marriage. They lived together only one month after marriage. The counselling failed and counter filing is over, and i think next stage is evidence submission. So, please help me to clear the following doubts before proceeding to next stage.
Given below are the main statements from her petition:
1) The marriage was not consumated as husband was not willing and not even tried to consumate it.
2) Husband is not physically AND/OR mentally fit, and not matured for married life. Husband was aware of these problems before marriage and cheated her hiding the facts.
As far as i know doctor can certify only physical fitness for s*x, not mental fitness as in the case of relative impotency. So, most probably she will raise the issue of relative impotency to escape from further complications if i produce any medical certificate on my potency.
a) So, can I use the statement from her petition that "Husband was aware of these problems before marriage and cheated her hiding the facts" which means her allegation on clear case of physical impotency as one comes to know about relative impotency or anyother mental problems related to s*x only after marriage, to prove the case of defamation/mental crueltly in court?
b) Can relative impotency be proved on husband merely on the statement of non-consumation from wife considering the fact that they lived together only one month? What is the base line for proving relative impotency?
c) Can she tell in the court that she is ready to come back once I get medical certificate in my favour? Does the doctrine of approbate and reprobate prohibt her from taking such stand in court ie. first she allege impotency then take benifit of orders, medical checkup, on that allegation?
