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shrikant v. sathe (retired)     09 January 2013

Impotency

Sir/Madam

                        One my friend has one son, who has married 9 months ago.There was normal nuptial life for 2 months. After 2 months his wife started abusive language towards him and his father that is to my friend.Now we live dowstairs.They quarrel frequentely which annoy us too much now.Now the son's wife is publishing the news that the son is impotent and had not touched her for 9 months. No intercourse happened between them hitherto ,as she is saying She demanding hefty amount for being cheated by friend's son and my friend.What will be the lawful recourse open to my friend and his son for her abusive quarreling day by day which is becomming vexation to other apartment holders  also. Please guide me.



Learning

 4 Replies

sanjeev pawar (service)     09 January 2013

dear mr sathe. first need to find out if the son is really impotent. if not. need to collect the evidences of the wife abusing the husband by way of audio/video recordings. witnesses. also need to keep the newspapers where the article is published. also the son may file for divorce on grounds of cruelty by wife. and also file for defamation. tell him to get a full potency test done by a qualified urologist. no other  doctor will suffice. get the certificate showing his full potency and then file for divorce. it is definitely a ground for divorce

Chetan Joshi (Advisory/Advocacy)     09 January 2013

Find out to if the impotency is real. One year has to pass before a divorce can be filed.

 

Start keeping a record of her behaviour ( as evidence ) for later purpose. I am curious to know that if she claims that her husband  is impotent then why doesn't she claim nullity of marriage??

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

Have a Heart Foundation (Sales & Mktng)     10 January 2013

Mr.Sathe,

There is quite a possibility that the actual reasons to behave in this fashion has not really been known to anybody.

Hire a good professional family psychologist to counsel (individually as well as jointly) your friend, his son & wife... maybe the things would change after few counselling sessions and reasons may surface to hlp you decide the further course of action. If required, take further help of the psychologist to get the necessary aid from the other professionals.

Msk-need -nuetral- laws (self)     10 January 2013

Simple Shrikant,

Ask your friend got to ecrtified govt andrologist and get a potrncy certified by competent doctor and go to court for divorce after three monthson the ground that

1) Defamation and resulting cruelty 2) her unwillingness to cohabitate both are valid ground under HMA section.

Bwteen proactive measure

1) Dont let her know the intention of divorec appln - reason she would meet an lawyer and implicate false DV, 498a, etc etc,

2) Gathering evidence from news paper that person who published that to produce in court

3) If any influence, a formal written complaint ( but requets no action till divorce pettion filed) to PS and get copy , saving it

4) finding the reason for her claim and abnormal behaviour, ( needed at the time of court examination)

5) file criminal complaint for defamtion after getting medical certificate ( take a lawyer help and dicussion on this)

 


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