Hindu marriage Act
M. Sahul Hameed
(Querist) 26 March 2010
This query is : Resolved
How to prove impotency of the women in cases under section 12(1) of Hindu Marriage Act
when the marriage not consumated what is the procedure to get a divorce.
when the respondent fail to get into the witness box court can draw adverse inference against her regarding impotency.
Kiran Kumar
(Expert) 27 March 2010
dear when the marriage itself is not consumated then how will u prove impotency.
impotency is to be proved otherwise by way of medical evidence only.
now if the respondent wife is not turning up then certainly the inference will go against her but simultaneously u ll ve to place on record ample evidence to prove impotency.
G. ARAVINTHAN
(Expert) 27 March 2010
Yes medical report is necessary
Parthasarathi Loganathan
(Expert) 27 March 2010
Medical Reports of both the spouses proving or disproving impotency or otherwise are the vital documents to be perused.
B K Raghavendra Rao
(Expert) 27 March 2010
In either of the events - impotency or non-consummation - you need documentary evidence or strong rebuttal evidence. Medical check-up is the best option but would your subject herself for such an examination needs to be seen.
A marriage not consummated is not a marriage at all. So, if you prove this fact, it would be easy for divorce.
