Impotent husband

Agree with Mr. Naik and Mr.Ravinder's second para deserves a second read, a lot will depend on the medical IQ and s*xual medical ingenuity of your senior husbands lawyer in this ever evolving scientific era and If his alleged impotence is limited (does not take much time for the blood to gush) and still able to father a child and if his lawyers argue that it was you who resisted his limited attempts ,the case will turn filthy.

LAST REPLY

The question of curability of impotence is not a relevant consideration for the purposes of section 12 of HMA.  Where a medical expert has found less than 50% of erection after the "pipe test" in the male s*xual organ such male can be treated as impotent for the purposes of this section.

Impotency in matrimonial cases means incapacity to consummate the marriage, i.e., incapacity to perform conjugal intercourse with the spouse. The word 'impotency' has not been defined in the Hindu Marriage Act but it has been made a ground for getting the marriage annulled if the same  is not consummated owing to the impotence of the respondent - spouse.  In order to consummate marriage a normal s*xual intercourse must take place, but the degree of s*xual satisfaction obtained by parties from each other is not relevant. Where complete coitus is established, the discharge of semen in wife's body is not necessary condition of consummation.

Thus as suggested by expert advocates, though it is more than 6 years after, on the basis of your efforts for treatment to him all the while, which failed to yield desired result, your grounds for annulment for marriage stands justified.

Correction ->  Induced Penile Erection test ( PIPE ) test is a special test to know the cause for erectile dysfunction.. it is not a precursor to determine the 50% impotency in males.

Now as I stated before if the husband passes the so called 50%  test , and able to do the minimun needed to impregnate, the case will go according the filthy lines of satisfaction in contrast to procreation.

Does the court not take into consideration that a man who shows little or no interest in consummating his marriage with his wife or trying to go to the doctor to fix it for such a long duration, may actually be not interested in women in general? Or Isn't this long duration of not trying to fix the problem or not being able to fix the problem, a proof that he may be having some mental problem?

@drsxprt,

1. Your logic is conversely acceptable as per law,

2. If the documents submitted are found to be fake, then the application filed based on such fake evidence is false,

3. Not the otherway round.

A married women filed divorce due to impotent of his husband.  She has suffered torture, cruelty, adultery from her husband, parents & sister and due to this left in her laws house after 60 days from her marriage.   Kindly advise to time taken to get her divorce, relevant ground.  She is 35 years and her father thinks  to settle her remarry