Impotency of wife
koustubh bhide
(Querist) 11 July 2013
This query is : Resolved
i want to file one divorse petition from wifes side on the ground of ,impotency of husbund and he is not ready for sextual intercorse. so under which section can i file the divorse application. ?
Raj Kumar Makkad
(Expert) 11 July 2013
The petition shall be filed under section 13(1)(1a) of HMA and the application shall be moved before the Family court to direct the respondent for his test.
Advocate M.Bhadra
(Expert) 11 July 2013
Non consummation of marriage is not matter of Divorce it is under provision of Voidable Marriage:----------
ANNULMENT AND NULLITY OF MARRIAGE
Hindu Marriage Act 1955
Section 12 - Voidable marriages :- Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-
that the marriage has not been consummated owing to the impotence of the respondent; or
that the marriage is in contravention of the condition specified in clause (ii) of section 5; or
that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978), the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or
that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
Devajyoti Barman
(Expert) 12 July 2013
Refusal to have sex is amounting to mental cruelty and divorce suit can be filed u/s 13 of HMA.
koustubh bhide
(Querist) 12 July 2013
really thanks to all my seniors.
