How to let the court wait till the result of the medical board comes in maintenance case?
Querist :
Anonymous
(Querist) 21 December 2011
This query is : Resolved
Dear experts,
I have a critical situation in maintenance filed by wife u/s 18 HAMA after I (husband) filed divorce u/s 13(1)(1-a) on cruelty and desertion grounds. Wife alleged, husband impotent and to confirm that I'm sent to medical board on petition (u/s 151 cpc in divorce OP case) by wife. All tests (physical & physhiatric) by Medical board tests are done. Only thing remaining is they(Medical Board) have to send result of the tests to court. I'm confident that the result will be in my favour :-)
Both divorce & maintenance cases are currently in the arguments stage. But in the divorce case before proceeding to the arguments stage, result of the medical board (to find potency/impotency of husband) is awaited.
But in maintenance case, though the impotency allegation is made by wife, she has not pleaded for the result of the impotency test done as part of the divorce case. As a result in maintenance case, arguments stage is proceeding, without confirming the validity of the impotency allegation.
In this situation I have the following questions.
(1) How do I ask the court to take the result of the tests done by medical board into consideration before delivering the judgment in maintenance case?
(2) Even after the arguments stage also, is it possible to request the court to take result of the medical board, if yes, how to do it?
(3) Normally after arguments, how many days it will take to give judgment?
(4) My lawyer says it is not required to get the result of the medical board in maintenance case!!! is it true?
(5) She in her maintenance petition says that only reason to separate from husband is due to his impotency, if that were so, I feel that the result of test is important to decide on the maintenance case?
Please advice me what to do?
Regards
Devajyoti Barman
(Expert) 21 December 2011
1. You can sk the court to direct the Board for production of the report specially if the test was done at per the direction of the court.
If not then the court may not allow your prayer.
2.Once argument is closed and it is reserved for judgement, you could do nothing.
3. It depends.
4. The merit of your case would decide that point.
5. Not much but vital to prove her desertion.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 21 December 2011
There is no 100 % fool proof method developed to far to certify potency or impotency .
Science has tried various methods for horse breeding and were surprised to find that a particular horse is potent with one and not so with another. Same is with humans.
Shonee Kapoor
(Expert) 21 December 2011
The maintenance can be granted regardless whether you are potent or impotent.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 22 December 2011
1. There is no such requirement to wait for such result as right of maintenance is a separate remedy and it is the right of your wife.
2. No. as it is not required for the disposal of the case of the maintenance.
3. a day or two.
4. Yes.
5. No. Law is clear. Husband has to maintain his wife is she is not capable to maintain herself irrespective of the ground of dispute.
