Legal Question in Family Law in India

We had filed a case of nullity of marriage/divorce in respect of my daughter who was married in April,2015. The suit was filed in December 15 mainly on the ground of impotence of the guy besides some cruelty aspects under HMA act. The marriage was not consumated at all. The case is going on the courts and our advocate had filed a detailed petetion in this regard with main objective of getting the guy medical examined through the standing medical board constituted by the state govt. medical authorities. The advocate of opposite team is insisting that girl should also be subjected to medical examination as in their objections they have filed that the marriage has been consummated which is all false. in one of the recents hearings in the hon"ble court the judge asked the opposite team whether they have any objection to the medical examination of the guy and in reply the opposite advocate informed that they were desirous of getting the medical examination of the girl also done for which judge informed them that in their objections or any of their applications they have not raised any issue about girl at any point of time. The opponent advocate also informed the judge that they will not concede to the demand of subjecting the guy to medical examination whereas they have no objection if hon'ble court orders for the same, I have some specific query in this regard which I HUMBLY REQUEST to clarify me from the expert opinion at your august hands:
1. Whether the honble judge can not order for subjecting the guy to medical examination even if the opponent team does not concede as transpired during the course of arguments.
2. Is it mandatory to put the girl to medical examination too , under what circumstances a girl can be subjected to medical examination.
3. What are the other remedial measures to get rid from this issue at an earliest as the case is going on for the last more than a year now in the honble court.
I look forward hearing soon from.

Asked on 1/20/17, 7:00 am

KAMAL GROVER

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0 attorneys agreed

IF you can prove that guy is impotent only then court can annul this marriage or you have to prove cruelty.

So talk to your advocate, he can guide you thoroughly, as we dont have complete case file.

Good Luck

Answered on 1/20/17, 10:24 pm

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