Legal Question in Family Law in India

Divorce on the grounds of impotency
Got married in May 06 stayed together till Dec. 06. Compelled to leave house due to impotency of husband. Always wanted to continue marriage and insisting husband to go for medical treatment. took him to gynec for treatment in July 06. I have got the case paper made by gynec describing his problem as erectiel dysfunction and prescription given. ''Cavirta'' a medicine for curing impotency was given to him. After taking tab while trying for relationship he passed urine in bed. Then there was no realtion between us. elderly people asked for patch up and suggested to live in a seperate house and support for medical treatment, he refused. Filled the petition for Divorce on the ground of impotency and cruelty. He is claiming he is fit and I was not ready for relationship in his written statement and during councelling he said he is ready for medical check up. How such cases are handelled by Court? What happens if he produces a certificate of his potency on his own in the court? Will I get divorce and my legal rights? My age is 35 and his is of 41. I need decree at earliest.

Asked on 9/26/08, 4:48 am

3 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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Re: Divorce on the grounds of impotency

this infact is an unfortunate situation. where is ur case pending. in such cases, even though your husband produces the certificate of impotency, still the court can direct the medical examination and the truth will be revealed. moreover, u have got all the proofs regarding him impotency. to my mind, u should get divorce as early as possible. in case you can send me a copy of petition or talk to me at 9811284735, i may suggest a better way out.

Answered on 9/26/08, 5:19 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Divorce on the grounds of impotency

You will get divorce as also your legal rights. The certificate produced by him on his own will be subject to cross-check by you; you may even cross-examine the doctor who gives that kind of a certificate. The medical paper you got prepared after his check-up suggesting Cavirta should also be produced in court.

Sometimes, in case young age marriages, if the girl is a virgin, she may produce her own medical evidence that the marriage was never consummated. That evidence is considered very authentic and husband's subsequently procured 'potency' certificate may also not work. You may write me details in a mail for any specific questions/guidance about the evidence to be produced.

Answered on 9/26/08, 8:11 am

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