divorce or nullification

If the marriage has not been consummated owing to the Impotency of husband, it is a ground for voidable marriage under sec.12 of Hindu Marriage Act and you may apply for the decree of nullity.  It can be filed at any time even after passing of one year of marriage.  Since the marriage has not been consummated, it is always better to file case for nullity than that of divorce.  However, you have to prove the impotency of the husband.  In case if you fail, you will not get the decree of nullity.  However, if there is any other reason for non- consummation of marriage, it is better to file case for divorce on the ground of cruelty under section 13(1)(ia) of Hindu Marriage Act, as not consummating marriage is a cruelty on the wife.  You may estimate the period of proceedings to be around one to one and half year.

Well Adv Deepak has said it all, only factor to be ascertained if ur husband is also inclined to get divorced, if yes, then u may file divorce under mutual consent which would take almost about 6 months. If ur husband is not bent on divorcing u then Adv. Deepak has explained it all.

Deepak sir, how to prove that my husband is imponent? Can I request the court to send him for medical examination?

Dharmesh sir, my husband will not come for divorce because anyhow he is impotent, no need to take divorce as there is no need for him to marry again?

Regards.

You need not prove that your husband is impotent.  You only need to file the petition claiming that your marriage has not been consummated owing to the impotency of your husband and that though there were opportunities for him to consummate the marriage he has not done any efforts to consummate the marriage.  Also in your petition, you need to mention that because he has not consummated the marriage owing to his impotency, you have requested him to consult the expert s*xologist and psychiatrist.  However, he has refused to get him examined by the expert.  Then in that case, the burden is cast on his shoulders to prove that he is not impoent, he has made efforts to consummate the marriage and he has consulted the expert.  It is his duty to take the witness of expert s*xologist on this particular point that he is not impotent.  In that case also, you will get the opportunity to cross-examine the concerned doctor.  So you need not afraid in your mind that how to prove him to be impotent.  It is your husband who has to worry about how to prove that he is not impotent.

sir, in how many days the case for nullification of marriage will be completed because my in-laws and husband are dragging the dvc case like anything, every adjournment date is after 15 days. so is this the case with nullification of marriage case? many people told me that you will get justice soon, but today 8 months are over, just I received counter from the other side. can you tell me when will i get my articles given by my parents in marriage back.

regards,

GDK

What is the status of your dvc case?  Have you claimed your articles in that case?  What are the prayers to the court?  Please clarify.

sir, i just received counter from the other side.

but one problem case my lawyer forget to get affidavit, now judge is saying that he will dismiss the case. so do my 8 months efforts are waste now?

In the counter you received from the other side, what are the claims other side is making, what problems you are facing in the counter, Have your advocate forgot to file the claim affidavit on the date when case is put for hearing.  Have you and your advocate remained absent for 2/3 times, when the matter was called on for hearing.  Only in that case, the judge will dismiss the case.  Kindly clarify.

yes sir, my advocate forgot to file affidavit as well as he was absent many times but his juniors use to come, when enquiry was there he was absent, i don't know why he is doing like this even after paying the fees he demanded? is something going wrong in his mind? shall I change him?

Iam presenting myself in each and every date given by court.

can you suggest me the steps to do in the present circumstances. 

Please find out from the juniors of your advocate what is the next date of hearing and what is stage for which the matter is kept for hearing.  If the hearing is for filing of the claim affidavit, ask  your lawyer to file the same on the said date or take adjournment by preferring adjournment application.  If your advocate is not responding properly, ask the clerk of the court as to how many times, the matter is adjourned for filing affidavit.  Remain present before the court on the next date of hearing and request the judge that your advocate did not explain you what is the stage of the case.  Request the judge that you will file the affidavit on the next date positively.  Ask your lawyer whether he is interested in your case or not, else you change your advocate and file fresh vakalatnama of the new advocate.