Who should file application for Potency test?

You have already stated before the Court what you did as husband and wife and there is no way to wriggle out of it or you will face perjury case, so maintain the same through out the proceedings and object to her virginity test and also state that you are ready to undergo for potency test to her demand. Sorry Suchitra, if my expression appears to be vulagr to you but actually he should know how he should plea in the court as per his statements before the Court, that is the reason how I have posted and I am sorry about that and I am not hurt at all.

Assumi Sir, I am sorry for the way you have understood pleadings. Please dont give wrong messages to common people who come for advise here. We have to convince the court through proofs. Not with cheap gimmicks. And Court is assumed to be sensitive to isues like this. Dont try to make a mockery of Courts either. 

My advocate's reasoning is that as she already submitted virginity certificate, now it becomes my duty to file application for my potency test. If I don't file the application and she also not ask for my checkup, I would not get any chance to go for potency test later and  the case may be decided against me with already submitted evidences, ie. virginity certificate, in court.

I doubt my advocate is colluding with her advocate in this case. So, please advice.

With due respect to Suchitra, let me take back the expression I have posted in my first thread. Now, to label a man with impotency is the most cruelest thing for a mn as it makes a man half only and not full. No need to file pplication for you to go for test and just do what I have said and challenge her that you are ready to go for potency test if order by the Court. If she said she is virgin you bow your head as if you are ashame of her lies, and take the court permission to respond to her virginity and tell her softly "Honey if you want to leave me just leave me but dont disgrce me in this mnner.

Thanks for all advices. Now, I decided to ask my advocate not to file application for potency test and let her to file it.  I'll post here further developments also...

Yesterday, I got a copy of her virginity certificate from court  which says;

After marriage stayed together for 20 days without successful intercourse.
Observations:
1) Hymen intact
2) Per Vagina(P/V) test could not be done as patient experience severe pain.

All the above details are written at the space given for 'Diagnosis details' on a printed Govt. Hospital 'Outpatient Ticket' with hospital seal and doctor's signature at last.

In evidence list it is mentioned as the 'Result of petitioner's Hymen Test' in ---- govt. hospital.

Yesterday, without saying anything about my impotency, her advocate just requested the court to annule the marriage as it is not consumated which is evident from virginity certificate. My advocte did not say anything, and the judge posted the case to next month for further steps.

Now, Can I question the credibility of such a certificate? Can I take any steps to convince the judge not to accept it as evidence? Any judgements which mention that intact hymen not a proof of not having s*x and marriage can not be annuled on that ground?

What if I withdraw RCR and file for divorce on ground of false impotency allegation in her annulment petition and two years of seperation, and also file application for my potency test at evidence stage of this newly filed divorce petition?

 

wheatr  Hymen intact or not is not proof  of virginity or chestity .  say anything, and Hymen  may ruptur by any other resion. for marriage  to annule the marriage as it is not consumated. is enough. for the propose.

Sir, the question is how to find out whether the marriage is consumated or not? Wife says marriage not consumated and husband says its consumated. So, whats the role of the above mentioned 'hymen intact certificate' as deciding factor or evidence in this situation? If husband submits his potency certificate will court refuse her request for annulment on hymen intact certificate? The marriage lasted only one month. Will potency certificate override virginity certificate in this case?

I think it is good for you to stop talking on such issue here u cant get any relife, only court will give it. you have got good enough advice. we r not here to  pass your time  and to argue. 

we r not here to  pass your time  and to argue. 

---   everyone is free either to take part or not.

i am sure, by now, this case is long dead and buried, and i hope our friend, sonu, came out on top, victorious...

here is what i've read about annulment. there are two conditions that need to be satisfied for the case to qualify for annulment:

1. it should be proved that the marriage has not been consummated.

2. the reason for the non consummation is the impotence of one of the spouses.

proving just one is not enough. BOTH have to be proved.

Right Rohit, 

You learnt it right. But why revive old buried threads about it.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

@Rohit

The case is dragging in court...Last date I've filed application to get an order for my potency test by medical board. I'll update my experience once the test is over...

Hi Sonu,

In one of the posts, I have written a detailed articles how to go about potency test.

Let us now get down to the nuts and bolts on how to win over the section.

Virginity Tests
Never file an application for the girl to undergo a medical test. Your lawyer can ask the question to her if she is willing to undergo a test during the final stages of her cross-examination. Then drop it, do not pursue it. If she magically produces a certificate stating she is a virgin, do not accept it. File an application to refer her to the Medical Board. The truth will soon emerge.

Counter Allegation
Never accept anywhere that you have faced difficulty in having s*x with your ex. The judges will not even attempt to see on whose side the fault is. They will assume that marriage has not been consummated and hence the impotency charge has been proved. Understand this, potency and consummation are different subjects. A person can be potent but may not consummate the marriage owing to extraneous reasons. She may herself deny the conjugal rights and then file a divorce petition in the court claiming the respondent is impotent. 

Separate the issues. First provided adequate medical proof that you are potent, then show to the court by the behavior that marriage has been consummated. Inform the court that you enjoyed blissful conjugal relationship and she was very enthusiastic in bed, and in fact participated in all the normal s*xual activities.

Notice/complaint
Since she will raise the bogey of impotency, you need to be very careful of how to handle the situation. Never admit in writing/e-mail/panchayat/telephone that you faced problem in conjugal relationship. The judge when confronted with this evidence will assume that marriage has not been consummated.

Now if she sends you a notice or gives a police complaint, celebrate. Because she gave the complaint, she is bound by the result of the medical tests. The legal concept for that Doctrine of Aprobate Reprobate. Ask you lawyer about this for explanation. If she makes an allegation that you have got the certificate by bribing/impersonation/faking etc., it will not stand in court as she was the one who made the allegation and got the respondent tested, and cannot disown the results if they go against her allegation. 

Do mention in your statement of objection that you underwent the medical tests at her instance. However if she makes an allegation that the documents are fake, you can use the doctrine of aprobate reprobate during written submission stage and not earlier.

Tests and Doctors
Actual approach to the medical tests. You need to be very careful about how to get the tests done. The tests are divided into three parts - 

1. Semen analysis
2. Penile Doppler Scan
3. Visual Examination

The doctors play a very important role in this. Always approach a URO-ANDROLOGIST in the Fertility department. No other doctor will suffice.

I know that it is impossible for a normal man to get an erection in public places (unless you are a pervert ;) ). How to overcome the problem ? The doctor will ask you if you can get a normal erection, or you will be administered a erection inducing drug for the tests. Refuse the drugs, inform the doctor that you are confident of getting a natural erection but need some time and privacy, which will be given by the doctor. Before you go for the tests, go to any pharmacy shop and purchase sildefanil (viagra/penegra) pills. Take one pill 30 minutes prior to the tests. You will get a natural erection. Take along some adult magazine, masturbate in the hospital premises and provide the semen sample. 

The doctor will make a note in the file that you have a natural erection. Very important that you get it noted down.

For penile doppler test, again refuse the erection inducing drug, take the pill 30 minutes prior to the test and get the scan completed. The key in getting successful test is breathing normally. Do not breathe rapidly, because the blood starts flowing to the heart and brain rather than to the penis. The doctor will think that the blood flow is abnormal and will make a note of it in the chart, which will go against you. Relax, laugh, take along your buddy, crack some dirty jokes, but ensure that you are not stressed out. The report should show that blood flow is normal and hence no damages such as venus leak or damages to the veins.

The final test is visual examination. The doctor will examine your penis in two states, flaccid and aroused. He will ask you to cough and examine for damages to the organ. Again refuse the erection inducing drugs, pop a pill 30 minutes before thetest and get it examined.

The medical certificate should mention that all tests were done on the subject, in a naturally aroused state. Ensure that details such as your correct name, dates of tests, age etc are correct in the certificate.

Psychological Problem
The next problem you may encounter is psychological problem. The allegation will be like that you suffer from some fear psychosis or perverseness which prevents you from getting an erection. If that is mentioned in the complaint/petition/notice, approach any government clinic and get in touch with the doctor. In my case, me suffering from psychological issues were brought up during the evidence time, which the judge refused to consider. I do not have any experience in how to overcome such tests successfully.

Doctors Evidence.
Now after the trial starts, get her evidence completed. You will stand in the witness box and finish your and other corresponding witnesses croxx-examination. After everything is done, file an application in the court summoning the doctors who did the Semen Analysis, Penile Doppler Scan and the doctor who issued the medical certificate.

Accompany the court officer who will serve the summons to the above mentioned doctors. Find out their daily consultation fees and pay 50 % over that amount to the doctors privately. They hold the key to get the dismissal. Inform them to get all the medical records in original form. Confirm the dates and the procedure to them. Both you and doctor must sing the same tune and speak the same language. Inform them that the questions they face will be with reference to faking the certificates, forging of their signatures, that they have taken bribes, tests were not conducted on you but somebody impersonating you. 

After the doctor's testimony, comes the written submission part. Inform the court that these doctors are top-notch specialists in their respective fields, the hospitals are highly reputed, they are neutral witnesses and have no benefit in giving testimony in your favor.

Court Behavior
Drop the bomb that you are always willing to undergo any medical tests anywhere recommended by the court, and challenge the girl that is she willing to drop the case if the results come against her. Now imagine what will be her reaction to this uncomfortable question. If she says yes, the judge will come to the conclusion that she is a fraud. If she says no, she will have to prove why for which she will have no answer.

Oh and good luck, do not worry, be confident, cheerful and positive. It is very important for you to be present before the judge at all stages. He will visually examine you to see if you have any physical characteristics why may confirm the falsehood presented in the petition.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

PS: If you are in Delhi, you can contact me for the same.

@Shonee

Thanks for the informative reply.

Should I go for Semen Analysis as part of potency test? As far as I know semen analysis is only for diagnosising fertitlity issues which has nothing to do in this case as infertitlity is not a ground for annulment/divorce under HMA. So, can you please confirm this point with an expert ie. doctor so as I can refuse to undergo semen analysis test. I just want to undergo only the minimum  required tests to win the case.