Impotency
Querist :
Anonymous
(Querist) 11 January 2012
This query is : Resolved
Dear experts,A wife filed a petition for DIVERCE before the hon'ble court on the ground that husband is an IMPOTENT.but they lived together under one roof about 3 years and blessed with a son.during the period she did not complain on any thing before any one.Now she claims before the court that they lived together under one roof but never had intercourse with her husband and child also born on artificial inseminatin due to coercion of her husband.How can husband can prove in the cocrt that he is a potent and win the case?wife wants only harash the husband and grab the lump sum amount from her husband and to stay with her perents as her elder sister takern diverce with her husband taking a lump sum amount and staying with her perents.Kindly advice in this regard to the husband.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 11 January 2012
Difficult to prove potency., because a person can be potent against one but impotent against other partner.
ajay sethi
(Expert) 11 January 2012
The Gujarat high court has observed that specific medical proof was required to determine whether a husband was impotent or his marriage cannot be consummated when a wife seeks divorce on this count.
A division bench of the high court comprising Justice Jayant Patel and Justice Abhilasha Kumari has set aside the grounds for a verdict passed by a family court vis-?-vis a divorce petition. In the case involving an earthquake victim husband and his wife, the family court had granted divorce on the grounds of impotency and consequent ?cruelty?.
Rejecting a family court ruling that granted divorce to a couple on the ground of impotency, the High Court however upheld the family court order of divorce between the same couple on grounds of desertion and cruelty.
Rajendra Dalal had challenged in the Gujarat High Court.a family court's order granting divorce to his wife Dharmishta on the ground of impotency and cruelty.
The High Court last week rejected the man's appeal, saying that the petition was devoid of merits. The court, however, observed that there was no conclusive medical evidence to prove that the man was impotent or the marriage was not consummated.
"The finding of the Family Court on this point, therefore, cannot be endorsed," it observed. It said the decree of dissolution of marriage has been passed by the family court under provisions of Section 13(1) of the Hindu Marriage Act, on ground of cruelty and desertion and not under Section 12 (impotency).
Also, the family court, while granting divorce had recorded cogent findings on the ground of desertion and cruelty against the man, the court added.
In view of the material on record that the man used to harass his wife at her work place and misbehave with her, the permanent injunction granted by the family court restraining the appellant from harassing her at work place and misbehaving with her was justified, the court observed before dismissing the petition.
The woman had got divorce from the man from a family court on the grounds that he was impotent and could not consummate the marriage. She had also claimed mental and physical torture on husband's side.
The couple had married in 2000. The man worked with a private firm, while the woman had a government job.
The woman initiated divorce proceedings in 2003 where she claimed that she was frustrated because of her marriage not being consummated, and also due to harassment by her husband.
In 2009, the family court passed the orders in favour the woman and held that she was entitled for divorce on grounds of cruelty and impotency.
First Published: Wednesday, August 25, 2010, 21:32
ajay sethi
(Expert) 11 January 2012
you shouldinform the court thatyou are willing to undergo tests necessary to prove that you are potent . the tests have to be conducted by andrologist
following tests are conducted
semen analysis
Penile Doppler Scan
Visual Examination
doctor has to certify that you are potent
Devajyoti Barman
(Expert) 11 January 2012
Yes, to disprove her claim is not very difficult.
Visit any Public Hospital, get your potency test and submit the report.
The court on your request can also appoint Medical Board and ask them to examine you and give a report.
If you are not impotent then simply do not worry at all.
M.Sheik Mohammed Ali
(Expert) 11 January 2012
yes, only way is medical report, i do agree expert query reply.
Deepak Nair
(Expert) 11 January 2012
Rightly advised by Mr.Sethi.
Shonee Kapoor
(Expert) 11 January 2012
The claim of potency is enough to defeat her claims.
Also it would depend upon how the impotency is alleged and what incidents has been shown.
Bland allegation does not stand.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
