Admission of non-conssumation
Ranganath
(Querist) 28 February 2012
This query is : Resolved
Ld Counsels,
In counter to the impotency allegations husband had complained that it is the wife who is responsible for non Conssummation of marriage. Wil this undisputed position of non-conssumation of marriage irrespecive of who is the reason for it rise a presumption of impotency against the husband if he is set ex parte.
There is no medical evidence except the statement and counterstatement.
Thanks.
Ranganath
(Querist) 28 February 2012
Can the court pick and choose the applegations to give a relief though the evidecne of wife is self contradictory in many aspects.
Deepak Nair
(Expert) 28 February 2012
Impotency has to be proved beyond doubt with the support of medical evidence.
Non-consummation whether disputed/undisputed does not become a ground to hold that the husband in impotent.
If the evidence lead are self contradictory, that will weaken the case of such party. The court will not pick and chose allegations. The party who leads the evidence shall prove the same. The court will consider those evidence which are proved beyond doubt.
V R SHROFF
(Expert) 28 February 2012
No ground for Divorce. No evidence.
But Ranganath, Why don't you file MCD??
Shantilal Pandya
(Expert) 28 February 2012
get set aside exparte order and contest on factual grounds , to remain exparte is very much risky
Shonee Kapoor
(Expert) 28 February 2012
Agreed with provided opinions, never allow ex-parte, it is very risky.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Ranganath
(Querist) 28 February 2012
MCD is not an option. wife had already messed up many things, I am trying to see if some good sense will prevail in my favor. This is a clear act of vexation. Wife had denied solemnizaton of marriage, I am not sure how far the court can consider the allegations of impotency when there is no valid marriage accordig to wife. also multiple different versions emerge in FIR and divorce suit. I am really surprised how can a court process be abused in such a manner with audacity and expect a decree on merits or to closely contest the case. Wife is expecting some jewelry be restored. no bills submitted, a mere list if provided. no such allegation were made to police and no attempt were even made to get it, non even there is allegation that husband refused to give it back. If one party denies the factum of marriage divorce is not possible. I can only expect that she unilaterally withdraw all cases and then only I can think of any thing else. I am manipulate, deceived, harassed and humuliated in the name of a marriage and the legal process doest effectively contain it.
Raj Kumar Makkad
(Expert) 28 February 2012
Contradictory stand of wife shall definitely favour your case and ex-parte doesn't mean that courts close eyes and provide each and every relied sought by petitioner.
Petitioner shall have to prove her case and only if it stand on merits, it shall be decreed otherwise her petition may be dismissed.
Ranganath
(Querist) 28 February 2012
Thanks to all the Ld counsels for taking time and assuaging my anxieties. As a stranger to court process there is lot to be learned and realized before being convinced that justice prevails. Thanks again.
Deepak Nair
(Expert) 29 February 2012
You are always welcome.
Instead of facing the trial on your own, it is always better to get the professional assistance of a lawyer.
