Respected lawyers,
I need both yours and a doctor's opinion on my case. I was married last year in June. Until 4 months of marriage, my husband cited food poisoning as the reason for not being able to have s*x. I was tolerant and understanding. During these 4 months he had started becoming extremely abusive and restrictive of all my activities. He had even resorted to physical violence and had slapped me. Once he broke down and explained that he consulted a psychiatrist and he has a psychlogical disorder and has that's why has no interest in s*x. I suggested we should consult a s*xologist and these days any problem could be rectified. He objected to this and even said he had already consulted a psychiatrist and sees no reason for us to consult any other doctor. When I could no longer bear his harassments (mental & physical) I confided in my parents and told them about my problem. They scolded me for not having told them earlier and said he has duped us all since he would have already known this fact. Even then, I convinced them that this problem can be rectified with medical help. Meanwhile he threated to commit suicide and so I resigned my good job and continued staying at home with him and his parents.
So for another 2 months I stayed on in their house tolerating abuses by him and his family after they got to know of his problem. In these 2 months, we again tried having intercourse. One day, I'm positive he had consumed some tablet and with the help of it tried to penetrate. That was the only time we came close to having s*x. So I'm no longer a virgin and had made my best efforts to arouse him and save my marriage. After that day, again he was unable to have an erection and the abuses continued.
My parents advised me to come back home. I did so and we initially agreed to go for mutual divorce. During this course, we decided to exchange our jewels and the cash we had given during the time of marriage.
Here's the list of things we had given them before the wedding:
1. Silverware
2. Rs. 1,50,000 cash in hand for them to buy 70 grams of gold and marriage ensemble for the groom
3. Rs. 1,50,000 cash by back transfer - since they demanded the earlier given money was not sufficient
In addition to this, the entire wedding expenses of about 10 lakhs was borne by my family.
They had given:
Mangalsutra and gold chain both together weighing about 45 grams.
We decided to exchange this in a common public place. last month, they got our silverware and 35 grams of gold, whereas my father had given money to buy 70 grams of gold.
As soon as my parents saw the jewellery they had got for exchange, they knew it would weigh definitely less than 70 grams and decided to get it weighed. When we saw in a gold smith's shop that it was only 35 grams, we got it home and called them saying so. He threatened to press charges which we were ready to face. But he did not do so knowing it was his fault. Last week I received a lawyer's notive from him saying we took our jewellery and failed to return his.
We are ready to give back their mangalsutra and gold chain after it has been decided at the court.
Though he had initially agreed for a mutual divorce, he has gone ahead with this sort of claims.
1. I need to know if I can press charges against him on the ground of impotency.
2. Can the court order him to get an impotency test done?
3. During such tests if he consumes some tablet to conceal his impotency, would it be shown in the result? And can it still be proved that he is at fault?
Its been 10 months after we are married. Even last month I requested him and his sister to meet me once to discuss this amicably and to see whether we can seek medical help for his problem. They did not want to meet me.
His family fails to acknowledge his problem saying I'm the one at fault.
I lost my faith in this marriage after he called and threatened my dad to harm our entire family last week. We immediately lodged a police complaint fearing he might carry out his threat, given his self-proclaimed psychological disorder.
If his impotency is proved,
1. Is it possible to annul the marriage?
2. Is it possible to get full compensation for the amount spent by my family for the wedding and for the damage done to me and my entire family?
I really do not want to hurt him citing his impotency as a cause for breaking our marriage. I had agreed for mutual divorce but had to resort to this only because he sent a lawyer's notice even after agreeing for mutual divorce. I reiterate that I'm doing this as a last resort to bring justice to my heartbroken parents and also want to spread awareness on the consequences of hiding a man's impotency. In our country it is easy for a man to go in for a second marriage. Just think about the woman and her family. I'm already 27! What will happen to my future? I cannot trust another man again and which man will be ready to accept me after I have lost my virginity and peace of mind?
I humbly seek your expertise on this issue.
