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(Guest)

Annulment: can wife come back after huband's medical test?

Wife filed for annulment on ground of husband's impotency, and husband has already filed RCR. If husband go for medical check up on wife's application and get test result in his favour, can wife say in court that she is ready to come back? I'm asking this bcoz I have read that the petitioner can't use the negative result of moving an application ie. medical checkup for his own benifit.



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 5 Replies

Dharmesh Manjeshwar (Advocate/Lawyer)     01 December 2010

Wife has filed for annulment of marriage on grounds of husband's impotency ....... and

husband has filed RCR petition ........

.... If the test results are in husband's favour then the wife's annulment petition will not be granted ..............

.... decree will be passed against wife in RCR petition of husband where wife will be directed to stay with the husband ..... but no court can enforce the said order ........... only it will go against the wife and benefit the husband to get divorce from the wife in future ..........

manjit kalra (system eng)     01 December 2010

get it done by a renowned andrologist and counter her nonsense.


(Guest)
Originally posted by :Dharmesh Manjeshwar
"
Wife has filed for annulment of marriage on grounds of husband's impotency ....... and

husband has filed RCR petition ........

.... If the test results are in husband's favour then the wife's annulment petition will not be granted ..............

.... decree will be passed against wife in RCR petition of husband where wife will be directed to stay with the husband ..... but no court can enforce the said order ........... only it will go against the wife and benefit the husband to get divorce from the wife in future ..........
"

I would like to know, after husband's potency test, whether she can tell the court that she is ready to come back as the test result proves husband's potency. Husband fears that she might take such stand to save herself from other complications.

If husband is not ready to take her back after his potency test, would it be better to withdraw the RCR at this stage as even the counselling failed? Any harm to husband if he withdraw RCR after counselling, and continue to contest the annulment filed by wife?

Viswanath (Student)     01 December 2010

An annulment is filed to ask a court to declare a marriage void, in the case of voidable marriages, here I understand on the ground of impotency of the husband.

For a decree for restitution of conjugal rights, the marraige should be in force, then only there is a question of conjugal rights and remedies.

Only when the result in the test is in favour of the husband, the conjugal rights of the parties may be restored. But then the husband might have to accept the wife again.

Uma parameswaran (lawyer)     04 December 2010

Wife can take her own decision.


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