rosy preetha lakshmi (house wife) 03 August 2014

Impotency and divorce

Hello All,

I'm preetha and I got married to my husband few months back.He hided the fact that he is impotent until marriage and on the day of our first night he confessed that he is impotent and said sorry to me.He has erection problems and unable to maintain erection the same .He refuses or denies to have s*x most of the time .Also he has taken phycatric treatment before marriage which is concealed.He says, he does'nt want to have baby and not ready for any kind of medical check up.and also with me and behaves like a saddist picks unnecessary fights to show outside people that i'm bad.He never allows me to access his mobile or internet and he hides something..He never admits his problems to doctor and non-cooperative.He is physically abusive as well and never loved me .I feel he is homos*xual issues..He has more feminine characteristics like using female creams and compact powder and he says he feels shy if i touch him and we never had any intimacy and also he doesnt communicate with me always has mood swings ,depression and has anger management issues.

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4 Replies

Laxmi Kant Joshi (Advocate ) 03 August 2014

you say unable to maintain erection it means some erection is there , convince him to go to psychiatarist it is a disease which is controlled by the mind , in this case if patient take regular medicine and do regularly yoga as per direction of the doctor he come up from this disease and perform well in s*xual life , if the doctor give in writing that he is impotent and cannot be treated then you go for to make viodable your marriage u/s12(1)(a) of hindu marriage act , you can file it within a year of marriage.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 03 August 2014

agree with expert, nothing left to add.

Samir N (General Queries) (Business) 03 August 2014

If your allegations are true, then you are stuck for life with a serious problem. Legal proceedings will take you no where. Any advise on therapy, surgery, medical test, etc. will drag your case for ever and your "JAIL" will get only worse. Get involved with some man and have a torrid affair with him. Let your husband find out about it and let him file for divorce. There is no other option for you, that is legally viable. Kiss good bye to maintenance as you will not qualify for one if he proves adultery. Be practical. Forget about filing DV, maintenance, divorce based upon cruelty/impotency, etc. Think about getting out of the marriage as fast as possible.

On the other hand, you can take Adv. Qureshi's advice. Very informative indeed.

T. Kalaiselvan, Advocate (Advocate) 03 August 2014

There is no use of continuing the marriage with an impotent person. The very meaning of marriage is to procreate and here the very purpose is defeated. However as per provisions of section 12(1)(a) of HMA which is given below:

(1) Any marriage solemnized,

whether before or after

the commencement of this Act, shall be vo

idable and may be annulled by a decree

of nullity on any of the following grounds, namely:-

" that the marriage has not been consummated owing to the impotency of the respondent "

The cause of impotency may be in the malformation or structural defects in the parts in the functions, resulting in imperfect erection or premature ejaculation. The essential ingredient of impotency is the incapacity for accomplishing the s*xual intercourse and in the context it means not partial or imperfect, but normal and complete coitus. This incapacity may arise either from a structural defect in the organs or generation which is incurable and renders complete s*xual intercourse impracticable or from some incurable mental or moral disability vis a vis the other spouse resulting in inability to consummate the marriage.

Under the above circumstances, it is advised that better file a petition before the jurisdictional court for annulment of marriage under the above referred provisions of law, this petition can be filed within one year from the date of such knowledge, if it is barred by limitation, better file a regular divorce petition under the provisions of section 13 on the grounds of cruelty pleading the same grounds of impotency and suppression of facts material to the marriage.

Consult a local lawyer and proceed as per his further advise.