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Impotency

Page no : 2

Kumar Doab (FIN)     11 July 2017

The medical fascilities in India atleast in cities and Institutes is world class and this disorder is being treated and reported.

Try to have second opinion if required.

Court also have the power and discretion to refer the matter for medical opinion.

Rishi kumar   12 July 2017

Wife has also alleged that she was staying along with in laws in a shared household to make it easy for her to rope all my family in all cases. In fact we were staying separately. I have the electricity and land line telephone bills to prove that apart from a host of other proofs like neighbours written statements and others. So should I mark these bills or is it enough if my lawyer produces it during cross examining her? Once I mark it , court rules allow her to get a copy of these. And going by the records they are very good a cooking up stories ow ever incredible they may sound. I don't want her to see all of these documents. She will sure cook up a lie if she gets time. So I want to produce these suddenly during cross. Is it allowed?

Sachin (N.A)     12 July 2017

You can submit your documents during cross examination.

If your lawyer is efficient Story of "Shared Household" can be proved wrong by your lawyer during cross examination

Rishi kumar   12 July 2017

Thank you sachin

Kumar Doab (FIN)     12 July 2017

Agreed that you need to approach  with case file a very able local senior counsel of unshakable repute and integrity specializing in Family matters......... 

Kumar Doab (FIN)     12 July 2017

Determine and gather evidence if spouse and family were aware of the ailment before marriage..............  

The discomfort might have been observed otherwise or even thru sanitary aids......(e.g; Tampon)

Kumar Doab (FIN)     12 July 2017

Apparently: One of the spouse having sickness can refuse s*x*al int*rc*urse more so when it can lead to physical harm to her/him.

 

In instant case one spouse suffering from sickness is being treated periodically and regularly (as per letter and spirit in posts) and her physical ailment is not cured.

 

It is felt that, here the doctors have to affirm if it is failure of compliance to treatment or failure of treatment per se……………….IN other words the ailment is curable or not!

 

The other spouse and family may like to evaluate treatment is within the means and resources or not…………………….including but not limited to personal and family finances and or supported by insurance/ESIC etc etc…

 

If second opinion from Specialist Medical Expert/Instt. affirms that treatment has failed then it might be conclusive. It may dilute or limit or erase the logic of reasonable cause.

Kumar Doab (FIN)     12 July 2017

{It may not make any difference in the eyes of law that refusal is ‘willful’ or due to impotency or other sickness, because result is the same namely frustration and misery in s**xual life.}

{ The exception taken by one court may not be acceptable to another court.}

 

 

>>> Smt. Shashi Bala vs Shri Rajiv Arora

12………….."That the twain shall become one flesh, so that they are no more twain but one" is the real purpose of marriage and s**ual int*rc*urse is a means, and an integral one of achieving this oneness in marriage.

https://indiankanoon.org/doc/133858876/?type=print

 

>>> It must be recognized that nothing is more fatal to marriage than disappointments in s**ual int*rc*urse

Rita Nijhawan vs Balakishan Nijhawan

https://indiankanoon.org/doc/778651/

 

 

 

If this is not possible due to ill-health on the part of one of the spouses, it may or may not amount to cruelty depending on the circumstances of the case……………..

Shakuntla Kumari vs Om Prakash Ghai

https://indiankanoon.org/doc/1159977/

 

 

 

>>> Smt. Alka Sharma vs Abhinesh Chandra Sharma

 

where the parties are young and the mental disorder is of such a type that s*xual act and procreation of children is not possible it may furnish a good ground for nullifying the marriage because to beget children from a Hindu wedlock is one of the principal aim of Hindu Marriage where sanskar of marriage is advised for progeny and offspring.

https://indiankanoon.org/doc/1271198/

 

 

>>> The Supreme Court of India: The general rule in all questions of cruelty is that the whole matrimonial relations must be considered, that rule is of special value when the cruelty consists of not violent acts but of injurious reproaches, complains, accusations or taunts. It may be mental such as indifference and frigidity towards wife, denial of a company to her, hatred and abhorrence for wife or physical, like acts of violence and abstinence from s*xual intercourse without reasonable cause,” a Bench of Justice Ruma Pal and Justice A R Lakshmanan said.

https://expressindia.indianexpress.com/news/fullstory.php?newsid=64692


(Guest)
Originally posted by : Kumar Doab
Determine and gather evidence if spouse and family were aware of the ailment before marriage..............  

The discomfort might have been observed otherwise or even thru sanitary aids......(e.g; Tampon)

Do you know what Tampon is ?  IT is not fanta which you drink understand?

Kumar Doab (FIN)     13 July 2017

Originally posted by : Member (Account Deleted)



Originally posted by : Kumar Doab



Determine and gather evidence if spouse and family were aware of the ailment before marriage..............  

The discomfort might have been observed otherwise or even thru sanitary aids......(e.g; Tampon)





Do you know what Tampon is ?  IT is not fanta which you drink understand?

After posting your good for nothing comments and abuse in many threads you have run away.

Learn what is Khud and Thud from @PSD.

Rajendra K Goyal (Advocate)     13 July 2017

Believe in your lawyer, take second opinion whenever need felt and defend the cases against you.

1 Like

Kumar Doab (FIN)     13 July 2017

Dear LCI Querist @ Mr.Rishi Kumar,

 

It is good to note that you are composed and clear and analytical and are gathering info.

Pls take up the matter with your own very able local senior counsel of unshakable repute and integrity specializing in Family matters for a considered opinion and come back.

 

It is interesting thread and inputs can benefit all readers.

1 Like

Rishi kumar   13 July 2017

Yes Kumar,

The only reason I am composed and clear is that I don't have to fear anything of any cross examination as I have tried my maximum limit to save this marriage and have spoken the truth. I have not tarnished her image by telling or  writing lies about her. My job becomes easy as I don't have to prove beyond what I have.There was no fault whatsoever from our side.  Of course most of the cases are like this only now a days. I have clearly understood that innocence is one thing proving it in a court of law is altogether a tricky one. Lawyer is there but they have so many cases to fight so I need to help my lawyer in what ever way I can .  I am a layman and my brush with this law is only a year old. SO I NEED ALL HELP FROM ALL QUARTERS . KINDLY. CLEAR MY DOUBTS AND GUIDE ME HOWEVER FLIMSY AND FUNNY MY DOUBTS ARE. 

I NEED. HELP FRO ALL EXPERTS HERE AT THIS DIFFICULT PHASE OF MINE.

Kumar Doab (FIN)     13 July 2017

If Presiding Officer is convinced, your job is done.

I have seen in n number of matters innocense does no go unnoticed.

Still it is always better to gather irrefutable evidence.

 

I have exerted and posted best possible for you in this thread.

 

 

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