Varicocele stands as impotence ground!!!

Dear Mr. Madhu,

Impotence should not be confused with ability to procreate.  Due to vericocele probably your semen may not have adequate quantity of moving cells, and consequently the chances of impregnating may be less.  But that cannot be called 'impotence'.  Impotence according to my understanding is more to do with 'erection' and 'penetration'.  You have to take appropriate medical opinion to rebut the allegation. 

Disability to impregnate by male or inability to bear a child by a female are not grounds for divorce.   

Thanks Ramachandran,

             I know that varicocele is related to infertility but not impotence.  But the opposite lawyer, who is owning a own nursing home and his brother-in-law a surgon have submitted my varicocele certificates as an evidence as impotence ground.  Many urologist have confirmed it that Varicocele is nothing to do with Impotence.  My sperm count is 25 million.

             How to tackle this situation?

ask him to submit a proof from any renowned book on andrology which mentions varicocele leads to impotency.
 

Read cross examination of experts witnesses.

Your awyer should be able to catch the expert in his own words.

bilateral varicocele is also a type of varicocele. The erection causes extra flow of blood in testicle veins varicocele. and that causes severe pain and it also hampers to sustain stiffness

or

rather a person prefers to withdraw from 'action' not being able to sustain that pain. Wife may claim she remains unsatified in such a scenario unless husband gets it cured.

So it not exactly a direct 'symptom of impotence'  but side effect of bilateral varicocele may result as 'non able to perform' due to pain.

If a person suffers an injury over there due to some accident, let's says (playing cricket without wearing a guard!! e.g.) , and not able to perform, will it be called impotency? NO ................ it is a result of injury and it may be called as 'incidental termination of potency' by some injury or side effect of medicine.

Ask wife to settle the matter out of court.

why she waited for 3 yrs about impotence?

We never have any issues with regular family life and she was happy with s*xual life all these days.  With the wrong guidence of a doctor who is family friend, she started this drama.  I even met that doctor in person and explained the situation.  Even he told that its not a problem.  Now they are demanding 40 lakhs for out-of-court settlement.

She waited for 3 years, because he elder sister's divorce was pending in court.  Once it got settled she started this drama.

She waited for 3 years, because her elder sister's divorce was pending in court.  Once it got settled she started this drama.

join SIFF  to extract something from her instead

I am part of NHFS, Bangalore.

As far as I know, bilateral varicocele can be cured/removed by a minor surgery or embolization procedure. Then all tests including ultrasonography should give normal results without any traces of  the treatment. So why can't you get it removed first and contest the case? At least it would be impossible for her to prove that it existed before marriage and at the time of filing the case. Please consult a good doctor ie. Urologist for further guidance.

As far as I know, bilateral varicocele can be cured/removed by a minor surgery or embolization procedure. Then all tests including ultrasonography should give normal results without any traces of  the treatment. So why can't you get it removed first and contest the case? At least it would be impossible for her to prove that it existed before marriage and at the time of filing the case. Please consult a good doctor ie. Urologist for further guidance.

They have my varicocele medical certificate and submitted as evidence for my impotence.  I do not know how court admitted these proofs!!!!

Do not worry about those medical certificates. They can produce a single medical citatation which says that B/L varicocele causes impotence.

Try to trap them at Cross examination, which should be effectively prepared. U may plead following points:

Whether she found u impotent from the very begining? If so, why it took 3 long years fro her to complaint.

If it devloped later on & they produce varicocele certificate of a later date, u may take it as an acquired disease which is easily curable & I got it treated on so & so date.

...............  Actually they have to PROVE IMPOTENCE MEDICALLY & NOT VARICOCELE.

............... At the maximum, varicocele may be a cause of impotence, BUT WHERE IS THE IMPOTENCE AT ALL????

U must be sure that u dont have ;-)

Medical science can easily tell if somebody in impotent or not!