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Amit (NA)     21 July 2010

Regarding impotency medical test

I am catholic. Wife was converted to catholic before marriage (Nov 2009). Our (arranged) marriage was registered under special marriage act and also registered in church. From day one, there has been severe incompatibility between us and on first day after marriage she said that she was actually not interested in me and only agreed to her parents decision. I gave her time to accept the situation and gradually adjust and develop healthy relationship with me. However she did not co-operate, misbehaved with all and did not allow consummation of marriage.  Called and explained to her parents but to no avail. After two months parents came and took her back with all belongings. I did not stop. After few months she filed petition at church tribunal for dissolution of marriage on ground of my impotency which is obviously false. I was called for deposition and church judge sent me to doctor for test. Doctor examined me and provided potency certificate based on semen analysis. When reports were produced before the church tribunal, she stopped following up the case there. Now she has filed for nullity of marriage in district court on same ground of impotence and asked court to direct me for potency test.

I want to be divorced. My question to learned members is whether I will have to go for potency test again in court? Will previous reports help in my case? Also will semen analysis in itself prove potency or is there any other test(s)? Is it painfull and involving injections, etc.?



Learning

 1 Replies

Bobby Mani T (Lawyer)     22 July 2010

if the earlier test is by a competent medical authority the court can admit it as evidence else you may have to undergo a further test both on semen analysis and whether you are impotent.  Presence of semen or sperm in semen is not the test of impotency.  It is whether you can perfom s*x act eruction etc. A professional can do the test and give a report.  You may have to under go such a test too.


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