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(Guest)

Should husband ask for his potency test in case of impotence

Husband is contesting annulment petition filed by wife on impotency & non consummation allegation, and husband also running RCR petition from his side. In this scenario, if wife somehow submitted virginity certificate in court, would it be the duty of husband to move application for his potency test before questioning the credibility of that virginity certificate?



Whether the onus of proof shifts to husband in such scenario ie. wife submits virginity certificate?



As far as I know, virginity, ie. intact hymen, is not a solid proof of non consummation & husband's impotency as there are instances of girls being virgins even after a few intercourse.



So my question is, if wife submits her virginity certificate and proceeds the case without filing application for husband's potency test, should husband move application for his potency test before challenging the credibility of virginity certificate?



I'm interested to know only the legal  steps that should be taken from husband's side to win this case on merit.





 



Learning

 5 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     09 September 2011

I shall have to confine only up to the query rised by you.

 

If wife submits her Virginity Certificate duly issued then onus shiefts towards husband and he is expected to rebut it by way of producing his Impotency Test so better to move such application and once this certificate is produced then question mark can be raised against Virginity Certificate on the bases of some scientific instances.

Rajneesh Madhok (Advocate)     09 September 2011

The second question arise is that: Suppose teh husband is contesting annulment ---divorce petition filed by wife on ground of his impotency. The question of virginity can be discussed on another angle that suppose the husband and wife stayed together for months and they had no s*x, may be due to the refusal of wife due to certain other reasons like ego and other petty issues, may be both are medically fit. Suppose the husband filed RCR and denied all allegations and aslo counter claimed taht tehy had s*x a few time. On the other hadn wife submitted virginity certificate from a Govt. doctor during her evidence stage. Both points are contracdictory. Medical check up can not provide authentic proof of virginity/ impotency and so annulment on that ground


(Guest)
Originally posted by :raj kumar makkad
"
I shall have to confine only up to the query rised by you.

 

If wife submits her Virginity Certificate duly issued then onus shiefts towards husband and he is expected to rebut it by way of producing his Impotency Test so better to move such application and once this certificate is produced then question mark can be raised against Virginity Certificate on the bases of some scientific instances.
"

Yes, Wife submitted virginity certificate her own from a govt. hospital issued by a govt. doctor ie. Gynecologist without any court order.  I think the doctor issued such a certificate because he can wash his hands arguing that she might have lost virginty after the checkup if it becomes clear that she is not virgin in any other checkup later.

So, can it be taken as a duly issued Virginity Certificate? Should husband  file application for his potency test?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 September 2011

Non-consummation of marriage doesnot mean that husband is impotent.

 

Yes, you can move application in court for potency test.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Rohan (engineer)     18 June 2012

Hi Rajneesh.As per your comments above.I have a question for you.I have filed for RCR and wife is not attending any of the sessions.She left me because of non consummation of marriage.She cannot say this in RCR hearings so she is avoiding it.She did not cooperate with me for s*x and stayed with me for 13 months.My question is if she files for annulment due to non consummation due to my impotency 1) is it mandatory for me to take medical test to prove my impotency? 2) If she has not cooperated can she make allegations of impotency on me? 3) Can her petition for annulment owing to my impotency be used as evidence if i withdraw RCR and convert it to divorce on basis of cruelty and desertion? Your replies are higly appreciated.

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