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monika monika (self employed)     24 September 2014

Relative impotency- sc judgements

please give me some judgements from  SC, where impotency of husband could not be proved in medical test but divorce was granted on the basis of relative impotency..

 



Learning

 7 Replies

Hardeep (Business)     24 September 2014

This could be of some use...

 

https://indiankanoon.org/doc/1428552/

but here relief was DENIED... so not sure if this will help 

Here under could be of help, if court takes cognizance...

https://indiankanoon.org/doc/918114/

 

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

Adv. Chandrasekhar (Advocate)     24 September 2014

Not suprme court but Delhi High Court judgments are available.  Ravi Luthra vs. Rekha II (2013) DMC 772 Delhi - in this case medical examination failed and boy raised doubts about medical examination and court overruled such objection saying that the appellant's impotence qua respondent is proved by evidence.  But in Usha Rani Vs. Sikander Lal I(1983)DMC 361 (Delhi H.C.), after the negative medical report also, the court dissolved the marriage on the ground of impotency.

(Last Reply)

Jimmy (Manager)     24 September 2014

In general, impotence would be very difficult to prove. There was a study some time back (not India-based) that showed that impotence in matrimonial relationship is usually concealment of s*xual orientation or an outright passionate relationship with another partner. May be your husband is gay or is having an affair with another woman?  Give it a thought and that would be easier to prove if it is true.

monika monika (self employed)     25 September 2014

if husband does not get erection but he gets morning wood n he ejaculates and masturbates.

s*xologist told me there many types of impotency and he has cured this type of impotency too. but its not proved in medical test.

a lawyer said this is relative impotency, in which a man is impotent to one women but potent to another women .relative impotency cannot b proved.

monika monika (self employed)     25 September 2014

chandrashekhar ji

 

can you give me the judgements please.

Adv. Chandrasekhar (Advocate)     25 September 2014

Pl. clarify what has not been proved in the medical test - his impotency or it has been cured.  After knowing this clarification, I try to provide citations.

monika monika (self employed)     25 September 2014

if his impotency is not proved in medical tests.....

but sc grants divorce on the ground of relative impotency.

 

give me any such judgements of sc,


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