Can impotence be a ground of divorce after 5 years

rajoo (exec) 25 January 2013

after 5 years? maybe yes. as it is a medical problem, and it can occur during any phase of life, however you can always seek a medical treatment, instead of rushing into things. by the way. has your wife accused you of being impotent?

ANAMIKA VICHARE (LAWYER) 25 January 2013

You must give full details of matrimonial life

How long you stayed together, about yr physical relationship

When she left home

Whether she was pregnant at any point of time

Pl do not shoot blanket questins without furnishing your details

Chetan Joshi (Advisory/Advocacy) 25 January 2013

Yes it can be....It will require to be contested strongly...

Regards

Chetan(dot)7679(at)gmail(dot)com

ashoksrivastava (scientist) 25 January 2013

Can someone pl guide me as to under which clause/subsection of section13 is such petition admissible? I couldn't find any .maybe I have got it wrong so I am reproducing section13.

13. Divorce.

1. Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-

i. has, after the solemnization of the marriage, had voluntary, s*xual intercourse with any person other than his or her spouse ; or

(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or

ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or

ii. has ceased to be a Hindu by conversion to anotherreligion; or

iii. has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

Explanation.-In this clause,-

a. the expression "mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;

b. the expression "psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it require or is susceptible to medical treatment; or]

iv. has been suffering from a virulent and incurable from of leprosy; or

v. has been suffering from venereal disease in a communicable from ; or

vi. has renounced the world by entering any religious order; or

vii. has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive.

Explanation.-In this sub-section, the expression "desertion" means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly.

Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-

i. that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or

ii. that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties

Chetan Joshi (Advisory/Advocacy) 25 January 2013

It amounts to cruelty....But if the impotence is proved then marriage is voidable which can be annuled by a decree of nullity...

Regards

Chetan(dot)7679(at)gmail(dot)com

Chetan Joshi (Advisory/Advocacy) 25 January 2013

Impotency - If either spouse was physically incapable of entering the marriage at the time of the marriage, usually because of a lack of ability to have s*xual intercourse, and if this inability appears incurable or if the spouse refuses to take any action to cure the inability, there are grounds for an annulment. The inability must continue and must exist at the time of suit.

ashoksrivastava (scientist) 25 January 2013

Chetanji the query is for a case where marriage has been consummated a fact which is not denied by wife.and husband develops impotence after 5 years of marriage which may or may not be curable.I am reproducing section 12 hma. which is silent on impotence developed after marriage has been consummated.

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:-

1. that the marriage has not been consummated owing to the impotence of the respondent ; or
2. that the marriage is in contravention of the condition specified in clause (ii) of section 5 ; or
3. 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 circumstances concerning the respondent; or
4. that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
Notwithstanding anything contained in sub-section (1), nopetition for annulling a marriage-
1. on the ground specified in clause (c) of sub-section shall be entertained if-
  1. the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or
  2. the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife-after the force had ceased to operate or, as the case may be, the fraud had been discovered;
2. on the ground specified in clause (d) of sub-section shall be entertained unless the court is satisfied-
  1. that the petitioner was at the time of the marriage ignorant of the facts alleged;
  2. that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and
  3. that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground.

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