Impotency allegation as mental cruelty after filing rcr
Guest
(Querist) 06 February 2012
This query is : Resolved
Wife filed for annulment on impotency of husband. Then husband filed RCR. Both cases are running in family court for last three years.. Now, in evidence stage, husband filed application for his potency test.
So, can husband withdraw RCR and file for divorce showing the impotency allegation as mental cruelty once he gets medical test result in his favour?
Does filing rcr make husband obliged to condone the impotency allegation, and bar him from using the same as mental cruelty even after getting test result in his favour?
I think, the rcr should be taken as only the sign of willingness of the person for compromise, and not as a promise to condone all her/his cruel acts forever. So, the person who filed rcr must be free to withdraw it at anytime, and then use the opponent's all present and past cruel acts as ground for mental cruelty.
ajay sethi
(Expert) 06 February 2012
1. AP High Court, Susarala Subramanya Shetty Vs S Padmavati, CMA 3155 of 2002.
CORAM: Hon'ble J Chalameshwar & Gopala Krishna Tamada
Alleging Impotency amounts to immense mental agony and cruelty
2. Rajasthan High Court, Nirmala Manohar Singh Vs Manohar Shivram Jagesha, First Appeal No 589 of 1985
CORAM: Hon'ble Mr. A V Savant
Alleging Impotency amounts to immense mental agony and cruelty
3. Rajasthan High Court, Smt Shanti Devi Vs Raghav Prakash, CMA 19 of 1982
CORAM: Hon'ble Mr. Guman Lal Lodha
Alleging Impotency amounts to immense mental agony and cruelty
ajay sethi
(Expert) 06 February 2012
on basi of aforesaid judgements husband can file for divorce on account of making false allegations of impotency as it amounts to mental cruelty
Guest
(Querist) 06 February 2012
Thanks. But the confusion is on whether he can use impotency allegation as mental cruelty ground even after filing RCR?
ajay sethi
(Expert) 06 February 2012
your query was whether husband can withdraw RCR after filing for RCR and instead sue for diovrce . he is free to withdraw RCR
Devajyoti Barman
(Expert) 06 February 2012
The allegation of impotency is found to be will, baseless, reckless and without any basis then such allegations can well be treated as mental cruelty entitling the petitioner to covert the suit of rcr into divorce.
For this withdrawal and filing a fresh suit is not required.
Deepak Nair
(Expert) 06 February 2012
The allegation of impotency, if proved wrong, can be used as a ground for divorce for mental cruelty.
Raj Kumar Makkad
(Expert) 07 February 2012
I do agree with the advice of sethi supported with relevant citations.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 February 2012
1) Mere allegation is sufficient ground for cruelty, no need to go for medical test.
2) RCR is a tactical move, it does not mean you have ignored all.
3) You have to plan for terms of settlement after possible divorce and where your RCR application will give you bargaining power.
Chaitanya_Lawyer_Mumbai
(Expert) 07 February 2012
If you had not filed RCR,it would have been easier to get divorce on cruelty grounds on the basis of false impotency allegation.
But your RCR may be seen as condonation of cruelty of false allegations.
you can convert RCR suit into Divorce suit.
RCR is a useless tool,which most of the time backfires.
