Legal Question in Family Law in India

I have suit filed in Matrimonial court about legal separation/divorce of my daughter. Actually the suit was filed on the grounds of impotence of the guy. The court in the past had ordered for the medical examination of the guy as well as of the girl through standing medical board of the Govt. Hospital. The report in respect of the guy reveals that there is nothing to suggest about his being incapable of having any sexual relations and in case of girl the gynaecologist opined that hymen not in tact and she can comment on virginity . Although other clinicial investigations are resembling the signs which a virgin should have. As regards the guys medical report he has not been subjected to any specific medical tests required for determining the potency other than physical examination and undergoing some routine tests . The specific regiscan or pipe tests have not at all bee carried out upon him for which we have appealed in the court of law. Kindly suggest about further legal advice in this case for its speedy disposal in view of the aforesaid facts. . The opponents had reached an solution for mutual consent in this regard but we insisted them that the consent should include a line that marriage not consumated which they are reluctant to include in the mutual deed and the case got prolonged.We wanted an early resolution to this case which is now pending with the honourable court for last more than two years. Could you kindly render me further legal advice on this issue per return mail and oblige.


Asked on 1/03/18, 3:07 am

1 Answer from Attorneys
Santosh Goswami,Advocate sure shot legal

First of all, potency test was not conducted at all. The recent method to test potency is Doppler test. And I an little amazed to know as to why the virginity test is being carried on. The petition has been filed by you and therefore upon your application court should have sent him for medical examination. Girl's medical medical test should be carried on once boy potency test is done and he is found to be perfect. May be you or your Advocate has not tackled the matter properly and annulment always needs technical knowledge and expertise. I don't think that you should go for mutual consent divorce.

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Answered on 1/04/18, 7:18 am


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