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mrgop (Owner)     11 March 2011

Annulment: Potency and Virginity certificate submitted...

In an Annulment petition filed from wife's side on impotency, husband submitted potency certificate and wife virginity certificate at the evidence stage. The marriage lasted only for one month. Now, what points will be considered by the Judge to decide on annulment petition? Any chance for wife to get annulment? How could husband further safeguard his position? RCR has also been filed from his side.. Plz help



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 2 Replies

Tajobsindia (Senior Partner )     11 March 2011

 

 

@ Author

This is very interesting legal scenario you presented for guidance!

1. See the Annulment petition is first of all filed by a wife so first she has to prove that you are impotent. Failing which as evidence you have to place Certificate obtained by a Regd. practitioner that you are potent and also seek this Regd. medical specialist’s statement on record and offer him for cross examination to wife’s side. Now if wife fails proving her ground then the case (RCR) is all yours. But on the go even if you get an Execution done on your RCR she will never come back to you against her will as once a lady alleges husband to be impotent then it is constructed as one of the highest degree of “cruelty in matrimonial proceeding” so donot beat bush around instead keep low and convert the RCR execution into decree of divorce in 1 years time and march ahead in life.  


In my opinion the concerned Court approach will not at all look into virginity certificate of wife which is a wrong advise given by her side of ld. Advocate. Also there is no medical test available to prove if a wife is virgin and mere intact hymen is not conclusive proof of virginity. 


Capability” for a male reproductive organ to “penetrate 2 inches” into the female reproductive organ and “ability to sustain an erection for reasonable enough time”during such coupling between spouses are the only certified medical test as per Law and not even outdated two finger tests to check habitual intercourse and even biopsy of a intact found hymen etc. are not at all approved by any Court of Law as conclusive proof. Hence her virginity test certificate could be just as laughing matter boomerang to her own side if correctly handled by your side. 


Hence if your side is first of all able to establish your reproductive organs potency level with subject expert issuing such Certificate cross on material records then even from your side any further possible (false) statement of copulations (intercourse with date / time / period blah blah) will all be ignored and is not desired to state as reply para and or even desired to further pollute a matrimonial proceedings where any female is subject to intense cross examination on spousal copulation from husbands side of ld. Advocates that so many times intercourse happened and or not blah blah which are all matter of staging low in matrimonial proceeding is my opinion when all one has to prove is mentioned in my above opening paras. . 


Well understand well enough that no civil Ld. Judge wants to peep into litigating spouses bedroom in such bald allegations matters but Law takes its own logical course and yet give justice to aggrieved party! 


Go by legal logics and catena of citatiosn to that effects are already there than day dreaming and maintain self decoram even while parting ways please is my view............... 

 

 

1 Like

mrgop (Owner)     12 March 2011

@Tajobsindia


Thank you verymuch!  Advocates, please comment on it based on technicalities in court aslo...



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