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Minnie (None)     18 February 2013

Supreme court/high court of delhi order on impotency tests

I have filled annulment case in delhi , india, against imy hsuband on basis of his impotency.He is living living in usa and has now sent a medical certificate in which these 3 tests are done:

 

1. physical exmination

2. semen test

3. kruger morphology test.

he has been declared by a usa based doctor as potent on the bais of just these 3 tests. i have shown his report to 3 doctors including a gynaecologist and 2 urologists in india and they say that no erectile tests have been conducted on your hsuband so how can he be declared potent? thye say that penile doppler test, pie test  and nocturnal tumescence (npt) test are essentional to check healthy erection. i have also come across a madras high court judgement on the same:https://indiankanoon.org/doc/1590561/

 

my lawyer and i want to submit in the court a notice requesting the judge to order my husband's test by a team of qualified  doctors in india as his tests are incomplete. However, my lawyer says that we cannot quote a madras high court judgement. we have to quote a judgement from supreme court of india. he is unable to find any such court order by the sporeme court. please help me to find such an order. if u know any plz let us know.



Learning

 19 Replies

stanley (Freedom)     18 February 2013

your husband may appear impotent to you mainly due to lack of interest /attraction but may appear potent to another female :-) wherein studies have shown .

Urinalysis. Analysis of urine can provide information about protein and sugar in the urine. If present, these substances could indicate diabetes or kidney disease, which can cause erectile dysfunction.

 

Kruger Strict Morphology

A routine semen analysis typically assesses the volume, concentration, percent motility and progression of the sample. While these components are essential for understanding a possible male factor source of infertility, sperm morphology determined by the "Kruger strict morphology" method has the greatest correlation to successful in-vitro fertilization (IVF). In fact, the Kruger method is the only morphology scoring system shown to have a clinical predictive value for the sperm being able to actually fertilize an egg in-vitro.

The Reproductive Care Center is the only IVF center in Utah that routinely performs this test as part of the initial semen analysis evaluation. Kruger strict morphology testing can also be completed at the time of intrauterine insemination (IUI) (for an additional cost) if desired. This is often done if an initial semen analysis was completed in an outside lab.

For this test, freshly ejaculated sperm are smeared on a slide and stained using a morphology staining product for human sperm. Sperm are judged as normal based on the following criteria:

  1. Head must be oval in shape with smooth contours, 5-6 µm in length and 2.5 to 3.5 µm wide with the acrosome taking up 40-70% of the head.
  2. Neck and mid-piece must have no abnormalities and a cytoplasmic droplet (a remnant from sperm production) if present must not be larger than half the size of the head.
  3. Tail must not be coiled or bent and should not have a droplet at the end.

After 200 individual sperm are counted at a magnification of 1,000 times, the percent normal forms is calculated. The prognosis is based on the following scale:

>=15% normal: Normal range - Good prognosis
5-14% normal: Sub optimal range - Prognosis is fair to good, however, the lower the percent normal, the lower the chance of successful fertilization
0-4% normal: Poor prognosis - Will usually need IVF with intracytoplasmic sperm injection (ICSI)

The Kruger strict morphology test can be highly subjective, therefore choosing a lab with extensive daily experience that can also correlate the results with fertilization in vitro is extremely important. 

Based on our experience we currently recommend a couple consider IVF with ICSI if the Kruger strict morphology is 5% or lower. Intrauterine insemination is often recommended for couples with Kruger results in the sub optimal but good prognosis range if there are no other factors that would prevent pregnancy.

When a couple is undergoing IVF we usually recommend ICSI if the Kruger strict morphology is 8% of less in order to minimize the likelihood of no fertilization and to maximize the number of eggs that fertilize. Each individual is different and your physician will review the complete semen analysis results in order to make a specific recommendation.

Physcial Examination 

The evaluation of the male with erectile dysfunction consists of three distinct parts, namely, a structured interview, physical examination, and adjunctive testing. While the role of the latter is debated for the general erectile dysfunction population, there are some patients who benefit from identifying a cause of the ED. All patients presenting for the evaluation of impotence should undergo a comprehensive history and a focused physical examination. The purpose of this approach is to define (1) that the patient suffers from s*xual dysfunction and to determine the nature of this, (2) that the patient has adequate exercise tolerance to resume s*xual relations, (3) that the patient does not have any conditions in his medical or surgical history that represent contraindications to specific therapies and (4) to seek out factors in the patient's medical surgical and s*xual history that may indicate an etiology of his s*xual dysfunction.

 

Minnie (None)     18 February 2013

is there any judgement on this by the high court of delhi?

Sanjeev (Lawyer)     18 February 2013

if the main purpose is to get divorce go for mutual divorce as this is almost impossible to prove impotency and this is a reputation issue for a man he will not it proved and defend it by all means so you agree now or later you wont be able to prove and would just loose too much time in legal battle which you cant win.

Msk-need -nuetral- laws (self)     19 February 2013

All the tests you mentioned needed cooperation of husband, if a man decided to not to cooperate, it cannot be proved, also SC ruled out any such tests on individual ( though this was declared for woman), he can take this ground and deny co-operation, and time is wasted. Also what if during such tests, if he had consumed some remedial medicine which will alter the value of the penile doppler test, PIE, NPT. I just read those tests , all the test seems to be qualitative in nature and no quantifying confirmed results can be derived out.( With my biology background I can make out). If one doctor says can be prooved, another one can counteract. So as advised by Sanjeev, better to go for MCD.

Understood your pain of being cheated, but looking ahead for new life is more important than fighting against naturally deficient man like him ( If at all he is suffering from)

Minnie (None)     19 February 2013

thanks mani. aim is only to create pressure for boy to come to india. i also know that impotency tests whther they come out postive or negative how does it matter. aim is not to prove a point but at least ask him to give a test. i am sure he won't come to india for a tst.

Jatin (NA)     19 February 2013

After reading this article i feel we Indian men are nothing more than animals and we are treated same way the animals are treated.INDIAN MEN are nothing but mere Bulls and Stallions.

 

If a husband is not ready to have s*x and don't want to continue the relationship then let them get divorced why the hell one is running after to prove that only if he is impotant he can get divorce.Its really important to include irretrievable breakdown of marriage clause in HMA so people who are not compatible get divorced instead our law forcing people to live together.

Minnie (None)     19 February 2013

jatin, you should refrain from being so offensive when u dont know facts. he has alleged in his WS that his wife is a s*xually abused person rpeatedly raped by her elatives. such filthy accusation that he has put one me, don't ut hink that i am justified in at least asking for his test though we all know he will never come to india for it?

 

this is not a cse of incompatibilty under hma. its a cse of fraud- his condition existed beofer amrriage and i have a medical reciept from a psychologist in usa stating that he has a mental problems so defineitely this is a case of fraud. besides he has put a filthy allegation on me. 


(Guest)

Sorry genuinely I am not getting a point here, if he has got psychological problems, you are supposed to approach a psycologist for proving the fact, why the hell are you roping in s*xologist and advocates?

he made a mistake and now you are making a mistake! what are you going to achieve? you cannot use judiciary for your own ego satisfaction.

And coming to his "false" allegation on you, he has proved himself to be an A'ole...

Minnie (None)     19 February 2013

stalker, he approached the psychologsit for his probelems, then preuced that receipt in court to state that he had gone to the psycholgist for my problems....that i am an abused child...u get it? he ahsnt attached any report with that receipt. i had to approach several healthcare professioanls from india and usa to decode the diagnostic code on the reciept...from the decoding and reading of several medical books by a psychologsit in india and her writing to 2 more psycholgsits in usa, it has turned out that the code is for "individaul psychotherapy for depression"

 

 

so now u get it???? he is misusing a genuine receipt  by a genuine doctor....judges  in india dont know about these codes as doctors here dont use these codes...so now u know y i asking for a test? impteonce isnt only physical, it an be mental also. this is not for ego satisfacction...this is a crime he has committed against the doctor in usa as per usa healthcare policies....he knew about his condition before marriage so why shud i take him here n there for tretment also when now he is saying that i needed treatment...so i am justified in asking for a test.

stanley (Freedom)     20 February 2013

You cant create pressure in this manner for him to under go these tests . He is neither an animal nor a dog or your slave to be treated as per your whims and fancies . Its a matter of give respect take respect . 

I dont understand whats your goal in life .if your lawyer  is unable to fight your case than you ought to have changed him . Arent you paying him for his services . Rather he paints a rosy picture for supreme court judgements to you . Why cant he obtain the same :-) and fight your case .if you have filed for annulement than seek it on the merits of your case .

hema (law officer)     20 February 2013

@minni,

u r on strong wicket.  His medical reports cannot be proved in Indian Courts as per Indian Evidence Act.  The procedure laid down in the Act has not been followed by him to prove medical reports and as he is not submitting himself before the court, adverse conclusions be drawn and the case goes in your favour.  Take appropriate steps in that direction ignoring the unprofessional advises given above.

stanley (Freedom)     20 February 2013

 

I stick to my stand @ Hema go through this 

 

Court relief for hubby charged with impotency

Swati Deshpande, TNN Sep 14, 2010, 06.36am IST
 

MUMBAI: A city businessman facing a police probe after his wife of 12 years accused him of being impotent and venting his "frustrations'' by beating her will not be compelled to undergo a potency test.

Offering the Peddar Road resident this respite, a public prosecutor when asked by the Bombay high court if such test was necessary n Monday said that the police would not insist on the test but would continue investigations in the wife's complaint under section 498-A of the Indian Penal Code (IPC).

A bench headed by Justice Ajay Khanwilkar recorded the prosecutor's statement. The wife is seeking to annul the marriage before the family court in Bandra where she made a similar demand of having her husband tested for impotency. The HC said that since criminal and civil cases are separate proceedings the family court can deal with the civil plea independently.

The wife, a businessman's daughter, said her marriage was never consummated. Married in 1998, she only recently lodged an FIR against her husband.

Last month when the police wanted to test the husband at the civic-run Nair hospital for impotency, he rushed to the high court to challenge the powers of the police. His lawyer Edith Dey said the scope of police investigation could not include carrying out such medical tests.

Last week, the HC had suggested a mutual consent divorce. On Monday, with the mutual consent terms failing after the couple disagreed over the issue of stree-dhan, the high court asked the public prosecutor whether medical tests for impotency test must be carried out for the police investigation. The judges also asked the prosecutor to read out the wife's statement to the police to show whether wilful cruelty was linked to the alleged impotency of the husband. The prosecutor could not point to a link and said that the police had in the past not conducted such tests.

 

Msk-need -nuetral- laws (self)     20 February 2013

@ Minnie,

disagree your approach of filing case of impotency to bring him to india. If you are really suffered due to impotency, seek judiciary help, else better file divorce on the ground of cruelty due to desertion and get expartee, move on with life.

If someone advised you ( lawyer or ill sorrounding) that file this ground, bring him home, and file DV and 498a, only you will loose your valuable life. If you had gone through this forum itself, you would have seen many cases. I hope no such bad avises were imparted.

Please read above stanley post, which is only reality in India.

@ hema, law officer,  Have you ever got any judgement ruled as ex-partee on ground of impotency.  Please post us, will helpful to us Ok, even if court orders for test and he says due to xyz reason he cannot come to India by representation, what pettioner will do?  wastage of time. If it ordered by lower court, tehn if he opens its validity in HC, then that case will run. will atke 5-7 years. Is that what you say strong wicket to minnie?

 


(Guest)

Mani,


Its all about compensation buddy :) paisa mei parmatma...


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