Querist :
Anonymous
(Querist) 06 March 2018
This query is : Resolved
If a Man has a very small manhood of about 3.5 inches or less when fully erect, can wife get divorce on that ground? He is filing false allegations to hide his own shortcoming.
Vijay Raj Mahajan
(Expert) 06 March 2018
Size of the manhood doesn't matter in husband-wife relationship unless the man is suffering from impotency because of which the marriage has not been consummated, here let me add the impotency includes pre-mature ejaculation on the basis of which annulment of marriage is possible under section 12 of the Hindu Marriage Act,1955. If you have problem with the size of the husband's manhood and looking the dissolution of marriage by decree of divorce on this ground than sorry there is no such provision under the Hindu Marriage Act,1955. Husband taking advantage of his own wrong, filling false allegations against the wife can be considered for the act of cruelty provided the wrong allegations with regard to character of the wife in order to defame her in the society can be ground of divorce, however the evidence of the allegations are false duly proved by the competent authorities will be required to get relief on this ground. For example filling criminal complaint against the husband u/s 498A IPC by itself doesn't give the ground of cruelty on the ground of false allegations and defamation unless the court decide the charges u/s 498A IPC as false and malicious in nature.
Guest
(Expert) 06 March 2018
Better both of them could apply for Mutual Consent Divorce as your narration speaks no hope of reunion.Other wise they will be embarrassing each other in the Court.
Kumar Doab
(Expert) 06 March 2018
If the married couple lead a married life had children then such contentions may not necessarily have force to convince court… When a spouse is attacked with such contentions the OP may also retaliate…..and there may not be any end to such contentions and embarrassment… If the issue is getting resolved with MCD IT may be preferred…
Kumar Doab
(Expert) 06 March 2018
Pls post with your ID and you can get many replies………Your ID does not mean your name or phone number or email Id and don’t post these… Post your full query in one new thread with your ID…….
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup