sagar jadhav (employee) 30 July 2013

Dv on basis of imptonce

before marriage impotence was not known

dr said his all organs were ok

After marriage it was discovred he cant do s*x,after 1 month wife deserted

now wife is not coming back,giving excuses

can he file dv?

Reply Follow

7 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 30 July 2013

no. He cannot file dv. He can file only RCR.

Adv Archana Deshmukh (Practicing Advocate) 30 July 2013

Husband cannot file for divorce on the basis of his own impotance. Also the wife cannot be blamed for not coming back. In such cases, it is better to go for MCD rather than filing for divorce unilaterally and indulge in mud slinging upon eachother.

adv.raghavan (Advocate,9444674980) 30 July 2013

yes i agree with above view, with wife consent they can go for MCD under section 13B OF HMA 1955,

Advocate Sastry (Advocate) 30 July 2013

Agree with Adv. Archana. In this type of situation MCD is the best solution... Consult elders in both families and take their guidance also.

rajiv_lodha (zz) 31 July 2013

Author's question is about filing DV case for this purpose............NO, DV CASE CANNOT BE FILED BY HUSBAND AGAINST WIFE!

Adv Archana Deshmukh (Practicing Advocate) 31 July 2013

The reply was given in referance to the context in which it was asked. I have found some people do use the word dv for divorce also. Why a man will think of filing domestic violance case on his wife if she is not coming back? The interpretation of divorce seems to be more appropriate.