Impotency in husband

for obtaining  decree of divorce on the ground of impotency the wife must establish that  " the husband was impotent at the time of the marriage and continued to be so until the institution of the proceeding"

in the intant case the semen test produced by the husband side is not an admissible piece of evidence since the semen test is not legal and proper way to prove potency. medically and legally  impotency is m often termed as erectile dysfunction. Potency is a harmonic combination of physical and mental state to get the marriage consummated. Erection is not necessary for ejaculation and can be achieved without erection is what that is medically proved fact. my suggestion is to move the court (if your sure of the state of affairs) with an interloculatory application under Section 75(e) read with Order 26, Rule 10A of the Code of Civil Procedure  to direct the husband to undergo PIPE test Rigi scan monitor, PICP test (for penile intra Corporeal pressure) and DDPU test (Duplex Doppler penile Ultrasound) which is now a proved test for having a scientific opinion regarding potency.

Then the husband shall be  examined by a team doctors consisting Urologist, Psychiatrist, Gynaecologist and a general physician in an institution having scientific facilities for the tests. if you want to prove yourself to be virgin also ask the court to permit his to be examined by the Gynaecologist in the same institute where the husband tests are carried out.

after 6 days boy confessed to the fact that he is impotent . he even confessed  that he was on drugs and even got arrested for same in us. we were even trying our ways to get his records from us ( will need suggestions for the same ) 

he gave an affidavit also stating that he was impotent so could not consumate the marriage. 

But now boy has been sent to usa back and his father is backing off from the statement that his son was impotent and cooking up stories that he gave affidavit on girls fathers request. 

he gave a semen analysis report and opd slip of a urologist that he was potent. ( private doctor )

doctor was not even listed as witness.

i need 3 things 

1) text or ruling that a semen analysis is not the only consideration to prove potency or impotency.

2) that impotency and infertility are two different things 

3 ) that a simple semen analysis report is not a legal proof and not a medical certificate 

thank you 

Mr parsad when a boy concealed a fact that he is impotent and married a girl isnt it menatl torture, isnt it a fruad and when a perosn is on drugs will u let your daughter or sister live with such a man. 

imagine girl to be someone from your side and when you spent lakhs of rupee on wedding which crashes like a hoax. how will u feel and caliming money and defaming person is only way as this case otherwise dont have a valid sentence or punishment which even now courts are accepting 

read this article 

https://www.google.co.in/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&cad=rja&uact=8&ved=0CCcQFjAB&url=http%3A%2F%2Fwww.ndtv.com%2Ftopic%2Fmadras-high-court&ei=pShOVNOSKony8gX0ooGoCQ&usg=AFQjCNHTG3Lq82iFtz_my5GN3ZSF-Ax0dA&sig2=bHH9HVHdqJiobTQzvDlgCA&bvm=bv.77880786,d.dGc

Dear Sh. Navdeep, Sh. Pratap K. Pushkaran has given a fine piece of advice to you.  In further postings, you are muddling the issue, which may not help you to get clear legal advice. 
So, confine yourself to the legal issues and there is no need to justify your actions.  By your querry, what I understand is that the marriage has been finally dissolved by annulment decree.  AM I CORRECT?  I further understand, after that girl or her father filed further case to recover the marriage expenses and compensation?  AM I CORRECT?  Now,  my question is that what further case the girl's father filed, in which boy's father filed the private doctor's certifcate?  What type of suit he filed?  Next, to clarify that the admissibility of the private doctor's certificate, just by producing such certificate, it cannot be proved.  The doctor has to come and prove his signature and the contents of the certificate.  Then, girl's advocate has got several questions to put before the doctor to find out whether such certificate conclusively prove the potency.  And further, legal impotency and medical impotency, both are quite different.  The boy's admission of his impotency on oath before the court is conclusive and there shall be no qualms about that.  Finally, answer to your three questions:

) text or ruling that a semen analysis is not the only consideration to prove potency or impotency.

Yes. Those rulings are available and ask your advocate to find out Delhi High Court's judgement delivered by Justice V.K. Shali in 2012 and 2013.

2) that impotency and infertility are two different things:  Yes. They are two different things.  An impotent woman will be necessarily infertile.  But an infertile woman need not be impotent and she can actively participate in s*xual acts and marriage can be consummated.

3 ) that a simple semen analysis report is not a legal proof and not a medical certificate

It is a legal proof if it is  proved in accordance with the provisions of evidence Act.  But it is not conclusive proof.  Further, expert opinion has got its own limitations.  The counsels have got their own line of arguments  to discredit such opinions and the courts have always held their discretionary power to refuse to rely on such expert opinions including medical opinions.

By your querry, what I understand is that the marriage has been finally dissolved by annulment decree.  AM I CORRECT? 

yes marriage has been annuled.

I further understand, after that girl or her father filed further case to recover the marriage expenses and compensation?  AM I CORRECT? 

yes it is lawsuit to recover the damages

Now,  my question is that what further case the girl's father filed, in which boy's father filed the private doctor's certifcate?  What type of suit he filed?

sir girls father filed a lawsuit that marriage has been annuled on the basis of impotency and hence he filed recovery of expenses alongwith the harrasment charges for hiding the fact that the boy is impotent.

Boys affidavit counter attested by the oath commissioner had been deposited with the court.

But Boys father refused that his son is impotent though he said that his son signed the affidavit. he had deposited the semen analysis report and opd slip only and himself concluded that his son is not impotent

Once the competent matrimonial court decided the issue that the boy was impotent and annuled the marriage, the issue cannot be agitated by the boy/his father in damages suit.  The court which is deciding the damages is barred to decide the impotency quetion again.  This court has to start from the conclusive proof that the boy is impotent and further proceed that in the given facts, whether the girl side is entitled to any monetary relief or not.  Otherwise also, as I said earlier that medical certificate has no value as it has not been proved in accordance with evidence Act.

I have read the above discussion in details.

all the above honourable personalities are male and can very well understand the nature of s*x to be performed. Just imagine if the person has no feelings against the female  or hates the female then whether the act can be formed. Secondly if the male is under very stressful condition/or exhausted physically/mentally  for any reason  then can the said act be performed ? It is possible that the said boy might be under such situation . Whether the said lady tried to understand him or forced him to perform act we dont know . It is done within four closed walls and only both the concerned persons know it. We are just expressing our opinions. May be all the above honourable personalities having vast knowledge right in their views. With due respect to the said couple, whether both tried to understand each other before marriage ? Why the fathers are in litigation trying to heal  their wounded egos by accusing and counter attacking each other ? It s a new generation and let both of them decide. Why should we fight in this forum ? M sorry if anyone of u r hurt. Regards

Adv. Sandeep Naik . Mob : 99670 56980

I have read the above discussion in details.

all the above honourable personalities are male and can very well understand the nature of s*x to be performed. Just imagine if the person has no feelings against the female  or hates the female then whether the act can be formed. Secondly if the male is under very stressful condition/or exhausted physically/mentally  for any reason  then can the said act be performed ? It is possible that the said boy might be under such situation . Whether the said lady tried to understand him or forced him to perform act we dont know . It is done within four closed walls and only both the concerned persons know it. We are just expressing our opinions. May be all the above honourable personalities having vast knowledge right in their views. With due respect to the said couple, whether both tried to understand each other before marriage ? Why the fathers are in litigation trying to heal  their wounded egos by accusing and counter attacking each other ? It s a new generation and let both of them decide. Why should we fight in this forum ? M sorry if anyone of u r hurt. Regards

Adv. Sandeep Naik . Mob : 99670 56980

I have read the above discussion in details.

all the above honourable personalities are male and can very well understand the nature of s*x to be performed. Just imagine if the person has no feelings against the female  or hates the female then whether the act can be formed. Secondly if the male is under very stressful condition/or exhausted physically/mentally  for any reason  then can the said act be performed ? It is possible that the said boy might be under such situation . Whether the said lady tried to understand him or forced him to perform act we dont know . It is done within four closed walls and only both the concerned persons know it. We are just expressing our opinions. May be all the above honourable personalities having vast knowledge right in their views. With due respect to the said couple, whether both tried to understand each other before marriage ? Why the fathers are in litigation trying to heal  their wounded egos by accusing and counter attacking each other ? It s a new generation and let both of them decide. Why should we fight in this forum ? M sorry if anyone of u r hurt. Regards

Adv. Sandeep Naik . Mob : 99670 56980

Respected Mr.Sandeep Sir...

I completely agree with you.

Being an advocate, you have been sensitive to the critical issue.

Thank you for your understanding,

1. Semen adequacy is not a proof of potency,

2. He should have produced potency certificate,

3. However, the husband's admission in this regard may be treated as conclusive and any complaint of forcible admission will not accepted at such a later stage.