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ramono raj (senior)     14 September 2012

Impotency

Hello,My sister wedding happened in 2010(arranged marriage from bharatmatrimony), and the guy was suffering with addison's disease his parents and he himself didnt not reveal any information, and we have doctors in my family, and truth obvously comes out. Its been almost 2 years and my sister never had intimate relationship, the guy is hard core miser, and he was living in my place (he want to save money), he also took my sister 1 year salary.

Since the addison's could lead to impotency, as a good hearted and not spoil our sister marriage and it could be any ones problems, we tried our best to him help out with clinical visits, consuling, consultations from leading urlogists and other doctors in the city.
We have all medical records. The guy was harassing my sister with his problem, thats when we have had asked him to leave our home and called his dad and also uncle to discuss the matter.

Here is the twist, the guy sent a legal notice saying that there is a problem with my sister, and we need to fix it within 6months or else it would be serious legal action. How do we counter this situation.

We are ready for any medical test from our side also whatever it takes.



Learning

 5 Replies

Anish Thakur 7018812737 (advocate)     14 September 2012

dear querist,

here you have not mentioned that what advise/remedy you want to seek legally, if his family has taken such a step ,send reply to notice and try to contact them that putting matrimonial life in court has no solutions in positive means of saving marriage life and prepare your mind for legal actions,you can file file divorce on grounds of impotency and also on grounds of cruelity as adisons and making suffer his spouse is also comes under cruelity.feel free to contact on 9459321520 if you have left any query in mind.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     14 September 2012

Dear Mr.Raj, 

 

That's a classic case of pot calling the kettle black, You file a case for divorce on the grounds of mental cruelty arising from his impotency (Courts have repeatedly held a marriage without physical element is anathema, and worst form of cruelty). 

Reply to his notice first. 

Also initiate other cases that your sister can if the facts of the case do warrant that. 

 

 


Bharat Chugh

*Advocate Supreme Court of India

Saurabh..V (Law Consultant)     14 September 2012

Dear Author,

 

I feel you should respond with a legal reply denying all allegations and claim counter. Then you make the first move and take them to the court. In court you can always show the medical reports to prove your point that the guy is impotent etc and additionally you can say that this marriage was viatiated by the uncovered and intentionally hidden decease.

 

Now the question arises, what next? You want to take divorce and that's it? Or you have alimony etc in your mind? You should consult an experienced lawyer for this case it wasting time here and there would only make you case worst.

 

//peace

/Saurabh..V

Dr J C Vashista (Advocate)     14 September 2012

You have  the only option to reply the notice, at present.

Subsequently make out your strategy for achieving your aim, i.e., divorce or save the marriage?

JANAK RAJ VATSA (ADVOCATE)     17 September 2012

at present, you should reply to his notice. thereafter there is no point for the married relationship to go on since the family will not bear children. so go for divorce for impotency ie. cruelity, if you want.


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