Dear learned members,
Please comment in my following circumstances of divorce proceedings, do I stand a chance to get divorce?
Case background is :
(1) Husband (me) filed divorce in family court, in july 2007 on cruelty and desertion grounds, at the time of filing for divorce, she already left me for 15 months. Marriage happened in aug, 2004. we were together for only 6 months during the period and separated finally on april, 2006 and she was staying in her parents house, since then.
(2) She filed a counter in dec, 2008 and in her counter she alleged I'm impotent and divorce be granted on her grounds and prayed court to grant her Rs. 50L as alimony.
(3) During the trial in cross, I said she didn't co-operate and so there was non-consummation of marriage
(4) In her cross, she said there was non-consummation, since I'm impotent.
In the above circumstances, Please answer my following questions
(a) Because as we both agree upon getting divorced, but only the grounds matter, in any case will the court grant divorce or will it dismiss, in case the court sees no merits in cruelty and dissertion grounds?
(b) To decide on the impotency matter court will refer the matter to medical board and If i'm not impotent I guess I will be directly granted divorce on the cruelty grounds, but in other case, if board finds otherwise, what view court will take, will there be a divorce or will it simply dismiss the case asking to take different grounds?
Please clarify
