I'm contesting annulment petition filed by wife one month after marriage on ground of my impotency . Actually we had no s*x ,it was not because of my impotency but she refused s*x to force me to agree to her demands. In my counter, I did not mention about her refusal of s*x and also claimed that we had s*x a few times.
At her evidence stage, she submitted her virginity certificate from a gynecologist.
Now, my advocate force me to file application for my potency test.
1) Is it necessary that I should file application for my potency test?
Any adverse effect, if I not file the application, and wait her side to file application for my potency test?
As far as I know, as a petitioner its her duty to file application for my potency test to prove her allegation of impotency.
2) If I do not file the application for my potency test and she also not file application for my potency test, can court pass annulment on ground that she already produced virginity certificate and I did not even file application for my potency test?
3) Any adverse effect, if I take the stand that I'm not ready to file application for my potency test, but ready to go for medical checkup if she files application for the same or court itself orders my medical checkup?
I think the 3rd option is better in this case. But my advocate is of the opinion that I should file application for my medical checkup first but not giving clear reasoning. So, please help.
