Implications of not contesting

Querist : Anonymous (Querist) 19 April 2011 This query is : Resolved
I have been contesting a nullity suit filed by my wife on the ground of my alleged impotency for last 8 years (after a short 2 months marriage). The allegation is totally false and her primary intention is to extort money through alimony and drag the case. She is 39 and it is clear that she is not interested in getting married. I am 40 and want to get married. If I accept her allegations for the sake of the nullity decree, so that I can remarry, what is the implication? Can she file cheating and other criminal cases? I do not mind contesting new cases but at least I will be married and settled (unlike now). Request your valuable advise.

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M.Sheik Mohammed Ali (Expert) 19 April 2011
if your wife make false complaint then you consider any govt doctor get the non-impotency and give the proof and get the divorce, there after make defamation case against your wife

Jitendar Kumar gupta (Expert) 19 April 2011
yes. If you did not join the proceeding then the court shall proceed you ex parte and after taking her evidence the case shall be decreed. in that condition you can re marry.

Guest (Expert) 19 April 2011
Non contesting of the case on your part can result in to the decision going in favour of your wife. Her mind cannot be read whether she would like to file another case of cheating and other criminal case after she wins the case. However, your decision to remarry can only mature after divorce case is settled.

However, if you feel that the case of your wife is false, better you may request the judge to refer you to some Government Hospital for consultation of experts to get a valid proof after undergoing proper tests, and thereafter for the sake of peace of mind, you may readily accept divorce to enable you to remarry also.

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