section 12 impotency

Hello sir

Impotency is a ground for matrimonial relief under all personal laws. Under hindu marriage act 1955 impotency would render marriage voidable under section 12 (1)(a)

The burden of proof lies on the petitioner but once the impotency is proved there is a rebuttable presumption in favour of its continuance. Impotency cannot be established by proving that the husband is incapable of producing living sperms in the semen or even incapable of ejaculating semen into wife body. If consummation is complete it is sufficient to prove the potency of husband. In case of this nature even incorrobarated testimony of petitioner is sufficient if it can be believed corroboration may be obtained for the evidence of only the other party to the marriage. Also the conduct of parties subsequent to marriage would be important. It may be also established by medical examination.

Regarding the question of maintenance you can refer to the case refer to the following case regarding maintenance in case of voidable marriage

Madan vs The State Of Rajasthan And Anr. on 28 August, 1992

Hope this helps 

Regards

Krish mahajan

Dear sir,thanx for reply.Around 20 medical test including semen,Harmonal tests of mine are normal.But my marriage not consummated even once.It may be due to performance anxiety.How to cope with and the maintainance?