Challenging credibility of virginity medical certificate in family court?
Guest
(Querist) 03 September 2011
This query is : Resolved
The petitioner,wife, submitted her virginity certificate issued by a govt. doctor without court order at evidence stage of an annulment case in family court.
Now the time has been given by the court for taking steps for both parties. On next date ,she filed application for adding one more ground, ie. mental cruelty, in original petition. Last date, my advocate filed reply to reject her application for amendment, and also filed application for my potency test by medical board.
But in case of challenging her virginity certificate, his opinion is there is no need to file reply challenging the credibility of it now, and later the time will come to challenge it. So, please tell me when is the right time to challenge the credibility of her submitted virginity certificate on ground of reliability of doctor and possibility of hymen repair surgery etc. and ask to send her for medical board checkup for the same?
Guest
(Querist) 03 September 2011
@Prabhakar sir
Wife filed petition for Annulment on ground of husband's impotency ie. physically & mentally not fit for married life and marriage not consumated, then husband filed RCR and denied all allegations.
Counselling and lok-adalth failed.
Evidence stage:
Wife submitted virginity certificate ie. Hymen intact from a govt. doctor on her own.
Case posted for steps:
Next date, Wife filed application for amending main petition to add mental cruelty as new ground on silly quarrels.
Next date, Husband filed reply not to allow the request for amendment. Also filed application to order for his potency test by medical board.
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Now the question is when & where to challaenge the credibility of virginity certificate(VC). Is it required to file reply to callenge the credibility of VC now? My advocate told me that there is no need to file reply for questioning the validity of VC, and it can be done at later stage ie. crossing the doctor.
I want to challange the credibility of VC on doctor's reliability and possiblity of hymen repair surgery prior to checkup,and also want to get her sent to medical board for checkup.
So, please tell me how to proceed challenge the credibility of virginity certificate?
ajay sethi
(Expert) 03 September 2011
if wife is virgin she should not have any problem in getting herself medically examined .
you can make an application to court that you desire to get yourself mediclaly examined . court will send you for medical examination . if reports show that you are not impotent it is in your favour .
you can suggest thatif wife is certian she is virgin why dosent she make an application to court to get herself medically examined / whatever is truth shall be known
prabhakar singh
(Expert) 03 September 2011
About virginity certificate(VC):In civil cases a party pleading a case is under initial burden to prove it.Since in her petition she has pleaded "marriage not consumed" hence to prove the same medically she has filled the doctors report for which at the time of her evidence she will call the doctor to formally prove the report,and you shall be given an opportunity to cross examine to test the veracity of that report.so you need not worry for that report just now.And it is in your right to
challenge it in whatever mode you wish by an application moved in court.your advocate is also right in this regard.
Sankaranarayanan
(Expert) 03 September 2011
yes, mr prabhakar singh ji's version is correct, your lawyer is going in correct direction, more over you too get potency test by the reputed recognized by the government or government hospital. with all evidence you move an application in court.
Guest
(Querist) 03 September 2011
Thanks learned members..
On last date I filed application in court to get an order directing the superintendent of medical college to setup a panel consisting of Urologist, Physician and Clinical psychologist for my potency test.
As far as I know if the potency test result comes in my favor, the "Impotency" allegation is over.
1) But how can I disprove the second allegation ie. "marriage not consumed"?
2) If I'm not impotent, can she get annulment just because she submitted virginity certificate to prove non consummation?
3) Is non consummation of marriage alone a ground for Annulment in hindu marriage act?
After marriage we lived together only 20 days and had sex only three times. So, my advocate told me that girl's hymen may be intact even after two/three intercourse especially if penetration is not complete.
So, in adverse case, ie. her hymen is intact, and I also prove that I'm potent, what will be fate of this case? Will she get annulment?
