Potency test by medical board vs order for consultation with sexologist
swasti
(Querist) 25 August 2012
This query is : Resolved
I've filed application for my potency test by medical board to counter the impotency allegation in annulment petition filed by wife. I had filed rcr in the initial stage to safeguard my side. Now, instead of allowing my application for potency test, the judge has ordered both parties to appear before a sexologist for consultation/counselling.
1) Will the doctor forward any report to court? If yes, will it contain the checkup results or just a success or fail report? I don't like my test results/doctor's comments on my potency status get forwarded to the court. Instead I want the potency test by medical board and use that strong evidence to prove the mental cruelty and file divorce from my side in future.
2) Can I object medical lab tests by the sexologist at the time of consultation, and later convince the court that I've already filed for same potency test by medical board which is my first priority and more valued evidence in court, and therefor forcing me to undergo the same medical tests multiple times is the violation of right of diginity and privacy?
3) Can I request the court to first allow my application for my potency test by medical board, and later send both parties to sexologist for consultation/counselling with medical board report?
Please help.
V R SHROFF
(Expert) 25 August 2012
First you appear before sexologist, as Ordered by Hon'ble Court .
You have right to argue later on.
My advise, why you want to continue marriage tie, when your wife demanding Divorce?? It's Waste of your valuable time without any gain !
swasti
(Querist) 25 August 2012
"First you appear before sexologist, as Ordered by Hon'ble Court .
You have right to argue later on. "
Sir, If the sexologist ask for any medical tests or physical examination during consultation, can I refuse the same and later argue it in court that the medical tests and physical examination should be done by medical board only and have filed application for the same also?
Guest
(Expert) 25 August 2012
About your statement, "I don't like my test results/doctor's comments on my potency status get forwarded to the court," the question of your liking or disliking does not arise when the case is before the court of law for adjudication. Orders of the court of law has to be abided by both the parties. You could well have placed your views and prayed the court of law for your test by medical board before the court could order for appearance before or consultancy from a sexologist.
It is not understood, why you are afraid of appearing before a sexologist for consultancy/ counselling?
Sexologist, unless specifically directed by the court would not forward his report direct to the court, he would handover the report to both of you. Both of you would have to present the report(s) before the court on or before the next hearing.
R.K Nanda
(Expert) 25 August 2012
1.No.
2.No.
3.Yes.
swasti
(Querist) 25 August 2012
My sincere thanks to all experts especially Mr. R.K Nanda for his short but precise answers!
The court has already ordered both parties to appear before sexologist for counselling without saying to file objection if any.
1) So, can I request for a chance to file objection, ie. a request to allow medical board checkup before consultation with sexologist so as to avoid submitting myself for same medical tests multiple times, on next date?
2) If any of the parties files an application, the court directs the other party to file objection if any. But if court itself orders something ie. counselling/consultation with a doctor, don't the parties have the right to file objection on the same?
swasti
(Querist) 25 August 2012
Can I go for appeal in high court against this order saying medical board checkup should be allowed first to avoid repeating same medical tests?
R.K Nanda
(Expert) 25 August 2012
Yes, u can but chances r poor.
swasti
(Querist) 28 August 2012
Thanks experts!
I think my advocate's view is different from the view of experts here as I missed a few details in my query. So, I list the all points once more.
1) One month after marriage, she filed for annulment/divorce on ground of non consummation and impotency.
2) Before receiving notice from court, I filed RCR.
3) In counter, I denied all her allegations and explicitly stated that we had sex a few times and later she started to refuse sex on silly reasons and quarrels.
3) All conciliation efforts ie. counselling,lok-adalath,mediation failed.
4) She filed application to amend her petition to add mental cruelty stating silly grounds like I didn't care her, ignored her etc...
5) I filed application for my medical checkup by medical board.
6) On last date, FC ordered both parties to appear before a sexologist for consultation .
My advocate's opinion is to file a review application against the order of family court which directs both parties to consult a sexologist, highlighting the possibility of undergoing the same medical tests multiple times, ie. during consultation with sexologist as per court order and during medical board checkup as per my application in case she challenges the report of sexologist, and to avoid the possibility of repetition of medical tests my application for potency test by medical board should be allowed first.
My advocate's view is that as both have taken contradictory/opposite stand on consummation of marriage, there is a great possibility of her challenging the report of sexologist and in that case the court would have to allow my application for medical test by medical board which I have already filed. So, to avoid the same the medical board checkup must be allowed first.
If possible, I also want to get done the medical board checkup first.
Please help to move in the right decision..
R.K Nanda
(Expert) 28 August 2012
U can file review application in FC but chances r still poor.
