How to prove

Guest (Querist) 11 January 2012 This query is : Resolved
Wife says marriage not consummated but husband that is my friend says it was consummated.They do not have any proof of living together.How can we prove that it was consummated.Pls suggest me.Wife says because there is no proof of living together.

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ajay sethi (Expert) 11 January 2012
medical examination of wife

Deepak Nair (Expert) 11 January 2012
Yes. It can be proved by medical examination of wife. You shall move an application to the court to direct the wife to undergo medical examination.

DEFENSE ADVOCATE.-firmaction@g (Expert) 11 January 2012
Interesting medical examination no solution.

Shonee Kapoor (Expert) 11 January 2012
No court would grant medical examination of child for the same.

It can be proved by statement and affidavits only.

What reasons are wife giving for non-consummation? Is it impotency of the husband, then only proving the husband potent would make the wife case fall on this ground.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Raj Kumar Makkad (Expert) 11 January 2012
Impotency test is the best evidence as no medical examination of wife shall be permitted.

Rajeev Kumar (Expert) 12 January 2012
Impotency test is only way as court does not consider the prayer for mediccal test of a woman

Sailesh Kumar Shah (Expert) 12 January 2012
Go for impotency test.

Advocate. Arunagiri (Expert) 12 January 2012
"Wife says marriage not consummated but husband that is my friend says it was consummated"

There is no medical test to prove this.

M V Gupta (Expert) 13 January 2012
In what connection this issue has arisen? Did the wife file any action for divorce?

A. A. JOSE (Expert) 21 January 2012
Queries raised by Shri Gupta ji are relevant please.

DEFENSE ADVOCATE.-firmaction@g (Expert) 21 January 2012
My questions to those who agree as a rule with others while giving inputs in this section.

First of all no such medical tests can be ordered since it it is intrusion in privacy and against human dignity .

1) Suppose in medical test it is proved that wife used to have physical relations. It can be prior to marriage or even thereafter with some body else. May be husband had given consent for both.

2) If the husband is proved potent does not mean he had physical relations.

3) Suppose husband proved impotent , he will have to live whole remaining life in shame with no resultant benefit.

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