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silverster (engineer)     07 November 2013

Medical fitness certificate

Experts, My wife says that I'm unfit for marriage life, impotent , pyscho, suffering from physical illness and not living with me for the past 2 and half years. All these are completely false and I need to disprove everything. Before filing the counter for maintanence case i need to keep all the documents prepared.  Please share me a sample medical fitness certificate for marriage that can be submitted to court.

 

Thanks,

Silver



Learning

 6 Replies

fighting back (exec)     07 November 2013

has she filed any cases against you right now, what cases are you facing???? do you have any evidence of the accusations against your wife? you can file for divorce on grounds of cruelty. but be prepared for retaliation

silverster (engineer)     07 November 2013

yes sir , she filed a crpc 125 case. Before filing counter and trial i need to get ready with medical fitness certifcate. please attach a court sample copy of that so that i can use for court proceeding. I can also get that signed with all necessary test results from a doctor. Thanks!

 

SILVER

Madhu (network engineer)     07 November 2013

hello SILVERSTER,

u need not at all bother when u can prove urself medically fit.

even mine is a similar case like u My wife also stated am IMPOTENT  , SADIST and always have ill heath  and case filed with 420 , 498a , 3&4 DP act........

After 2 Months from the complaint filed the police sent me for Medical Examination.

 

I have undergone tests with 5 Departments. for 3 days in Govt. Hospital

1. skin

2. nerves

3. surgeries

4. psychyatry

5.urology

 all tests were positive and  her allegations proved to e false.

 

this information may be useful to u.

silverster (engineer)     07 November 2013

Madhu Thank you very much. Your reply was very helpful

So the court has given direction to police to take these medical examinations for the  case filed by your wife?

Did you specifically ask for medical test to prove your credibility to the judge?

Because most of my friends say that in family court the judge may not inquire properly both sides and may grant maintanence order. So if I go there to court and ask for a medical test the judge may even ignore that.

I thought I can have that handy so that I can show it as when required in the court.

fighting back (exec)     07 November 2013

@silvester. my dear friend, as she has filed 125, you need to be worried about that first, assuming that you are only fighting your 125 case, then why are you worried about proving your potency, when no other case has been filed, besides the 125 case (going by your reply, she has only filed 125 case)

maintainence case is a totally different case altogether, dont mix it up with your potency test!! in maintainence case, you have to prove that she is working, if you cannot prove, then you have to start paying maintainence in the interim, the arguments are on the later stage, so get ready to pay if she is not working or if you are not able to prove that she is presently working.

the bald allegations of impotency, blah blah are all standard formats of lawyers, in order to draw the judges attention and sympathy, if she files case on you for divorce on grounds of impotency, along with the 125,  there the court will ask you to undergo a medical examination from a government hospital as directed by the court,. the police is not involved in the medical examination, as mentioned above (it is not a rape case for heavens sake!!) so why will the police be involved. you will submit yourself on the directions of the court to a particular govt hospital for potency and other tests,m and the results will be sealed and delivered in court. even then, potency or impotent cannot be judged 100% as a man is prone to be impotent with a particular women and not with other women. so dont worry about the potency test, worry about the maintainence first

T. Kalaiselvan, Advocate (Advocate)     07 November 2013

I think Mr. Fighting back has answered you very perfectly covering all the aspects including the one you have not asked for.  Thus, in 125 maintenance case it is immaterial that the respondent is physically potential or not, it is material to be materially (economically) potential so that the scape goat will keep fulfilling the desires of the wolf.  If the petitioner abandoned the matrimonial house on her own without any valid reason and her acts have not been condoned, she may not become eligible for any maintenance amount from the respondent.  This will happen only when there is a proper application of mind by the presiding officer of the trial court. In your case, the allegations by your wife has to be proved by her only then she can maintain a valid ground for quitting her matrimonial home on her own and claim maintenance amount thereon. You do not have to rush up to prove your potency, it is her burden to prove her allegation against you.


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