Fasle impotency order
cosmos
(Querist) 06 May 2013
This query is : Resolved
My brother was forced to admit the impotency in his first marriage. Now we would like to go ahead with his marriage but because of court order mentioning impotency in the verdict, any alliance goes out because if it.
My brother is perfectly healthy. One lawyer suggested that we can file an appeal in the high court against the verdict but one medical test needs to be carried out to rule out impotency.
I am clueless as to where such test can be carried out.
Please share your expert advice.
Regards
cosmos
ajay sethi
(Expert) 06 May 2013
The tests are divided into three parts -
1. Semen analysis
2. Penile Doppler Scan
3. Visual Examination
andrologist does these tests
Devajyoti Barman
(Expert) 06 May 2013
It is really weird to know how could your brother be so careless to admit his impotency especially when he is not so.
First let me know why and in which type of case he admitted such things so appropriate advice could be given further.
cosmos
(Querist) 06 May 2013
@ ajay.. Thanks a lot.
@ Devajyoti:
You are right. It is really weird that such a decision was accepted by us. But there is a reason behind it.
It happened because of our blind trust to our lawyer. In our case, the lawyer happened to be our relative. He kept telling us that the date for hearing has not come.Being our relative, we did not have any reason not to trust what he was telling us. And this way, many dates were announced but since we did not get any intimation, every time the date came, my brother was not present. So the judgment was announced in our absence.
Now, as our new lawyer advised, high court appeal against the order can be filled once the doctors documents certifying no-impotency is obtained, we are looking for such a test.
Any advice from you will be very helpful.
Rgds
prabhakar singh
(Expert) 06 May 2013
You should get tested by doctors' of a Govt.hospital or medical college where team of doctor are available.
Devajyoti Barman
(Expert) 06 May 2013
Yes better get yourself examined by a govt doctor.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 06 May 2013
Whenever things go wrong in legal system the advocates are to be blamed first and then the courts.
Why you can not look your own faults. No court will give verdict in such matters on the words of advocate only.
More ever now the die is cast , glass is broken, it can not be brought in original shape . History can not be reversed.
And when you got verdict on basis of impotency and now you are proved potent the verdict can be reversed . ARE YOU READY.
cosmos
(Querist) 06 May 2013
@ADVOCATE DEFENSE, Well, things were not so simple that time which it appears now.
And I also have the same opinion that no court will give verdict on the basis of advocate only but what the court will do if the applicant, my brother in this case, was not even aware that hearing date has come.
But again, I agree with you that we are ourselves to be blamed.Had we not trusted our lawyer blindly, I would not have to ask for the expert advice in this forum. But bygones are bygones. We have the present problem in hand which needs to be solved.
well, the ex-wife of my brother got married two years back. I am not sure how things will pan out once we get the judgment on the basis of impotency report now.
But if we do not approach the court, how we will convince the prospective bride to believe us on the face of adverse earlier court judgment.
We will have to try the options available to us. I hope that the advise/suggestion from all of you will help me to resolve this problem.
Rgds
Advocate M.Bhadra
(Expert) 06 May 2013
A diagnosis of erectile dysfunction is made in men who have repeated inability to achieve and/or maintain an erection for satisfactory sexual performance for at least three months. Candid communication between the patient and the doctor is important in establishing the diagnosis of erectile dysfunction, assessing its severity, and determining the cause. During patient interviews, doctors try to answer the following questions:
Is the patient suffering from erectile dysfunction or from loss of libido or a disorder of ejaculation (for example, premature ejaculation)?
Is erectile dysfunction due to psychological or physical factors? Healthy men have involuntary erections in the early morning and during REM sleep (a stage in the sleep cycle with rapid eye movements). Men with psychogenic erectile dysfunction (erectile dysfunction due to psychological factors such as stress and anxiety rather than physical factors) usually maintain these involuntary erections. Men with physical causes of erectile dysfunction (for example, atherosclerosis, smoking, and diabetes) usually do not have these involuntary erections.
Are there physical causes of erectile dysfunction? A prior history of cigarette smoking, heart attacks, strokes, and poor circulation in the extremities suggest atherosclerosis as the cause of the erectile dysfunction. Diminished sensation of the penis and the testicles, bladder dysfunction, and decreased sweating in the lower extremities may suggest diabetic nerve damage. Loss of sexual desire and drive, lack of sexual fantasies, gynecomastia (enlargement of breasts), and diminished facial hair suggest low testosterone levels.
Is the patient taking medications that can contribute to erectile dysfunction?
cosmos
(Querist) 06 May 2013
I agree with Sh. Prabhakar, what is the relevance of Mr. Bhadra statements? As already mentioned, my brother is a normal healthy male without erectile dysfunction. Nor is he suffering from any other health issues. My query is described fully in my first entry.
prabhakar singh
(Expert) 06 May 2013
More often than not i find examinees better than examiners.East or waste copy and paste can not deal every affair.
prabhakar singh
(Expert) 06 May 2013
Does it seem you a loud, sudden, explosive noise, as the discharge of a gun or show of my energy sudden or intense pleasure to you DADA.AFTER ALL WHAT YOU GOT?
Advocate M.Bhadra
(Expert) 06 May 2013
The above information has taken from www.medicinenet.com ,you can get more information about the test and diagnosis of impotency form this site.You should better to consult with a senior M.D. doctor and file an appeal for challenge the said order.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 May 2013
My view is simple that the decree has been obtained by the plea of impotency and if impotency is disproved by your appeal / revision ; are you ready for the decree to be reversed.
cosmos
(Querist) 07 May 2013
@ Advocate Defense:
Well, as of now, I find it difficult to accept the reversal of earlier judgment. However, if such situation arises, what options are available to us. Also please keep in mind that the girl got married long ago. Will court not consider this fact?
ajay sethi
(Expert) 07 May 2013
you are facing problems in finding problems for your brother on account of impotency report . tell the bride parents that you are willing to get potency tests done at the hospital of the choice of the bride side .
based on potency tests reports you would be able to convince her parents that you dont have any erection problem and that you are completely normal
cosmos
(Querist) 07 May 2013
Dear Ajay,
We tried our best to convince the girl;s father to carry out the impotency test at the choice of his doctor, but paradoxically, he was adamant on filling the case on the basis of impotency. And he threatened to frame us in section 498A if we do not agree to file the annulment paper on the court. And as expert, you are very well aware how grossly section 498A is misused.
We had the worst time of our life. We lived under the shadow of 498A legal terrorism. I simply wish the any violator of section 498A must be taken to task with no leniency. It include the girl side too.
Khaleel Ahmed Mohammed
(Expert) 07 May 2013
It is not a big problem.Impotency may be time being. Need not worry about what has happened in the past.The medical experts says about the impotent as the impotent can be a father of children.You can go to government hospital to check patient's todays status and get it certified.
Guest
(Expert) 07 May 2013
Why do you presume that any alliance goes out because of the verdict? Has the verdict put restriction to his remarriage on that account?
Why your brother should always be bogged down psychologically if his lawyer has not presented his case effectively.
If he can practically prove potency with his second marriage the verdict itself would be falsified.
ajay sethi
(Expert) 07 May 2013
i am talking about your remarriage after divorce . you can convince your prospective in laws that you are willing to have potency tests done now . on basis of your test reports they can go in for marriage
Raj Kumar Makkad
(Expert) 07 May 2013
If would be in laws are threatening to frame 498A after marriage, leave such relationship. Accept the relationship where the relatives and would be wife of your brother trust uon your brother especially on this point of potency. Medical certificate of potency is sufficient to afresh the entire previous actions/lethargic attitude and so on.
cosmos
(Querist) 08 May 2013
@ Ajay, We tried what you have suggested but it is not working in the practical life. Impotency word has many shades attached to it. The moment word impotency crops in, everyone turns white. Thats why we have decided to knock at the court door again. But I will be glad if we stumble upon such a considerate family.
@ Raj, we will go ahead with the medical certificate.
Thanks a lot everyone.
Rgds
manoj joshi
(Expert) 12 May 2013
cosmos you r trying to crack the bulls eye
its all rubbish... u should understsnd that your brother accepted that coz to win the case only .......
