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S K PATIL   16 November 2015

Can impotent husband seek divorce under Hindu law?

Husband is eligible to file a suit to nullify the marriage because he is impotent under Hindu marriage act section 12.a?


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 15 Replies

Legal (gd)     16 November 2015

No, if he is impotent then y he married and destroyed a woman's life. In this case he will face a case of cheating u/s 420
1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     16 November 2015

Mr patil, can U elaborate UR query

Prasad (Systems Engineer)     16 November 2015

Hello "498 warrior"... did you even think for a second before giving such an absurd reply? How will a man know whether he is impotent before marriage? And do you know impotency is a relative term and is not a disease. It is completely manageable by asserting the root cause. In this case the husband is genuinely coming forward to nullify marriage so that his wife is free to choose her life. So Mr.Patil, ask the husband to seek medical help and save marriage if wife agrees. Else MCD is the best option as 12 a can be filled only by wife. And let wife doesn't do that as husband himself agrees to give divorce.

S K PATIL   16 November 2015

Hi All Husband has consulted with family members to nullify the marriage with mutual consent. But the family members and wife is not ready to come up to file a petition. Family members are more concerned about the society beliefs and they are also forcing husband to live with wife. My query is as per Hindu marriage act "Petitoner can file a case to nullify marriage if respondent is impotent" . But suppose if petitioner is impotent then is it possible to a petitiner to file a case to nullify marriage? Petitoner has done medical tests and it is found that he is permanent impotent and cannot able to perform complete s*xual intercourse . If petitioner is able to file a case if he is impotent then are there any cases similar to this case? Can you please help to confirm the reference cases?

Prasad (Systems Engineer)     16 November 2015

Hello Patil... Please speak truth. There is no permanent impotency. Please talk to any doctor or search in Google. You will know. This is a time where wives file false cases of impotency and escape away with lot of money from husband. How come here in your case wife is not coming forward to file case or divorce case? If husband wants divorce he should patiently wait and pursue MCD.

S K PATIL   16 November 2015

Hi Prasad, I have conflict in terms of the Law written in the bare act ( Hindu marriage act 1955). As per it, other party (respondent ) should be impotent . I want to know if you came across any case where petitioner is impotent and is seeking for divorce / nullity of marriage under section 12.a. Competent court will verify the facts regarding Impotency. But to file a case first I am willing to know whether it is possible to file a case under such circumstances. If yes then could you confirm any reference cases so that I can submit them along with petition , so that court can take further actions as per law. Please advise.

b.goheel   16 November 2015

queriest may hv more spare time bt atleast respect the others time.
feel this kind of his/her unique case may be first and last.
besides, as per thread evn fr the real cause wife is not interested fr divorce - seems it is case of eighth wonder of world.

S K PATIL   16 November 2015

@ b.goheel - wife is reluctant to file a divorce because of social beliefs / pressure from family. Please confirm if it is possible to file such petition . Court will take further decision as per the facts and evidences .

SAINATH DEVALLA (LEGAL CONSULTANT)     17 November 2015

Mr.Patil,I presume U R a law student,despite the above replies U R extending the impotency of the husband.The husband should be happy that his impotency is not being exposed to the entire world by the wife or her relatives.Then why does he want to nullify the marriage? I have not seen or heard any male comming out openly after marriage and declare that he is impotent.

If he is worried about the future of his wife,because of his impotency then with her consent they can file for MCD,but not nullity.

 

S K PATIL   17 November 2015

Dear Sainath Sir, I m sorry that I m extending the thread but I m quite qurious abt whether court can grant such exception and can take this case for hearing. More about husband , he is getting frustrated because his wife is craving at him for s*xual relationships, his family members are forcing him to live with her, and more importantly husband has not any interest to spend his balance life with her. He just want separation from her legally. Kindly note - the impotency has been proved and it is not curable. Please note - I came across this case recently and it is not a hypothetical case. Please guide me and please help to search reference cases regarding this matter.

b.goheel   17 November 2015

even personal info is strictly guarded and one is releculant to share with Every Tom, Dick, and Harry.
in this scenario, intimate/intimacy info in detail like craving etc. as u give in public blog like a normal makes anyone to believe tht u knw too much much more thn concerned person.
otherwise if ur story has even nano truth in it, u should not wait for opinion but take the person to whom u represent to the local advocate to check if the petition of ur choice is feasible or not.

u may got Inexpressible pleasure out of it but let precious time of expert to be used fr better cause.

SAINATH DEVALLA (LEGAL CONSULTANT)     17 November 2015

Don't U feel that luckily his impotency can be cured with so much of advanced medical treatments.Has he ever tried for that?.Had he ever been to a psochologist?Lack of s*xual urge in a male depends on various factors.I appreciate his concern for the future of his wife.Indeed she too should be appreciated for her fate,but that's not the end of it.Marriage is not for s*x but s*x is only a part of marriage.

 

deepak kumar (student)     01 December 2015

Dear sir,

I am also looking for the same matter.after arrange marraige,bride was living with her husband in her in-low's house.boy never made physical relation and after one month during talk he told her wife about his s*xual problem and showed some prescripttions of medicines he was taking after consulting a docter.but after three months the bride lost any hope of happy marreid life and now she came to her father's house.she wants divorce,all the expences of marraige,dowry ,compensation and also imprisonment of the groom(boy) because he spoiled the girl's life.

I also think three months is enough to make relation with wife living with groom.although he is facing some health problem but three month is too much to have relation atleast once or twice after new married life & wife with me in my house.

 

SAINATH DEVALLA (LEGAL CONSULTANT)     01 December 2015

Mr Deepak post Ur query in a new thread.


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