Dear learned members,
I am really facing a tough situation in my life right now and so need your advice/suggestions anything to comfort myself.
(1) I (husband) filed a divorce petition u/s 13(1)(1a)(1b) on cruelty and dissertion grounds on my wife in family court, after almost 3 yrs of marriage. During those 3 yrs, she had stayed at the max not more than 5-6 months, she used to always stay with her parents not wanting join me irrespective of repeated requests. Our final separation date was 7th april, 2006 (marriage took place in august 20, 2004). I filed a divorce petition on 16-07-2007.
(2) In her counter petition, she alleged, I'm impotent, and the divorce be granted on that (impotency) ground rather than on my ground (cruelty).
(3) During her(RW1) , her father (RW2), her grandfather (RW3) cross-examination, they all told, they came to know of my impotency after 4 yrs of marriage, that too after I filed divorce petition (There was already 18 months gap since separation by then). They said, they came to know of my impotentcy, since, I filed for divorce and married her (RW1), concealing this fact, so demanded counter claim of Rs.50Lakh.
(4) She (RW1) said, if petitioner (husband) proved to be potent after medical test, then also, she is not ready to join with me, even RW2 said, he is ready to send her daughter, even if petitioner is proved to be potent.
(5) Both petitioner's, and respondent's cross-examinations are over, but RW1 filed a petition u/s 151 cpc to send me to medical board, which even I told judge ready to face the medical board to decide on the impotency allegation. So, judge ordered for medical board checkup.
(6) My current status is, I'm without a job for the last 1 1/2 year and currently studying MBA, so no source of income, the other party also have no proofs of either my income or my properties, if any.
Now, I have the following queries (fears), please help me by clarifying them.
(1) If suppose, in the medical examination, if I'm proved to be impotent (this is only my fear that if the result of the test comes against me. However, I strongly feel that I'm potent and there is no problem with me), what will happen?
(2) Will the divorce be granted on her ground (though, she is not the petitioner) or my divorce petition will be dismissed? Then, what to do?
(3)Also, what happens regarding her counter claim of Rs.50L?
(4) What is the process of medical board check-up? When will it be conducted? How long (much time) it takes to conduct the test?
Please respond.
Regards,
Naresh
