Burden of proving medical allegation
Querist :
Anonymous
(Querist) 21 March 2011
This query is : Resolved
Wife(X) files for annulment of marriage on ground of impotency of husband(Y).
X submit virginity certificate as evidence.
Now, is it the duty of Y to file application for Y's potency checkup?
If Y did not file the above application, can X automatically win the case without asking for Y's potency test?
R.Ramachandran
(Expert) 22 March 2011
What did your lawyer advice you?
Querist :
Anonymous
(Querist) 22 March 2011
My lawyer's advice is to file application for my potency checkup from my side, and they need not ask for my potency checkup to win the case in this scenario.
My doubt is that as the burden of proof is on their side, why should I ask for my checkup? Its not a question of should I go for checkup, but who should file application for my checkup.
