Legal Question in Family Law in India
Divorce on the ground of impotency
Filled petition in Mumbai for Divorce in Jan 08
Counselling is already done.
WS submitted by husband's side.
Next date is on 03.11.2008 He has to submit WS for the interim maintenance application made by me and for return of articles(stridhan).
I want to know the process usually followed by Court. When will I get maintenace, when & how will husbands impotency will get proved and by when will I get divorce. My advocate is saying case may run for 2 more years.
I also want to know where my husband has to go for medical examination? What kind of test will take place? what if he is proved potent during examination? we are seperated since last 2 years. can any Doctor/ test say that he was impotent before 2 years?
4 Answers from Attorneys
Re: Divorce on the ground of impotency
first it has to be decided whether it is physical or psychological impotency. secondly, the same needs to be proved by leading evidence, both oral as well as documentary. thirdly...u may file an application for getting the medical examination conducted...and for filing of report in the court for early disposal of ur divorce petition.
Re: Divorce on the ground of impotency
You can apply for interim maintenance as the case in Bandra Court may take 2 years or more.
Re: Divorce on the ground of impotency
DETAILED CONSULTATION IS REQUIRED IN THE MATTER SO I ADVICE YOU TO CONSULT A GOOD LAWYER IN YOUR AREA.
getting good personalised advice is always important.
Re: Divorce on the ground of impotency
Your advocate has correctly guided you; I will not be surprised if the case takes even more than two years.
In a pending court case, the conducting counsel is the best guide. You should work closely with your Advocate and follow his advice. Other opinions from persons, who do not have access to records of the case, may cause confusion;
The interim maintenance applications are usually decided after WS is filed by the opposite party and before start of evidence recording. However, you will need to establish income of the husband.
There are medical tests available to prove husband's impotency. One such test is known as the PIPE TEST. You may like to read more about this test in the commentary on Family Law by A. N. Saha; or some other good book on family laws.