My wife wants to get divorced
4 weeks ago
My wife wants to get divorced stating I am impotent. We never had sex in our two years of marriage. At the first night when I tried penetration, we failed. Even we tried for four months. Later I was affected by Erectile dysfunction due to Obesity and harmonal imbalances. I had not taken treatment for one and half an year as I was afraid that the harmone tablets may effect my health. Now before one month, I started taking treatment and now when I tried to penetrate, it was not happening. When we consulted gynaecologist, she said her hymen is intact and advised to undergo a minor surgery for that as it is very difficult to even pass one finger into her vagina. But now she is claiming I am impotent. What should I do?
A.Dear Client,
Under Section 12(1)(a) of the Hindu Marriage Act, 1955, non-consummation due to impotency of either spouse renders a marriage voidable. However, proof of impotency is crucial, usually established through medical examination. Consummation, though not legally required, can affect the legal status of the marriage. If one spouse is incapable of intercourse, unknown at the time of marriage, the marriage may be eligible for annulment. Section 24 of the Special Marriage Act, 1954 allows annulment based on the respondent's impotency. If medical evidence proves the spouse's impotency causing non-consummation, a divorce petition based on the other spouse's impotency may be rejected by the court.
Under Section 12(1)(a) of the Hindu Marriage Act, 1955, non-consummation due to impotency of either spouse renders a marriage voidable. However, proof of impotency is crucial, usually established through medical examination. Consummation, though not legally required, can affect the legal status of the marriage. If one spouse is incapable of intercourse, unknown at the time of marriage, the marriage may be eligible for annulment. Section 24 of the Special Marriage Act, 1954 allows annulment based on the respondent's impotency. If medical evidence proves the spouse's impotency causing non-consummation, a divorce petition based on the other spouse's impotency may be rejected by the court.
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A.Dear Sir,
You may go to the Court by yourself and get file application for examination of your wife by the panel of medical experts and on receipt of such report you may get divorce without alimony.
You may go to the Court by yourself and get file application for examination of your wife by the panel of medical experts and on receipt of such report you may get divorce without alimony.
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A.Dear Client,
Under section 12(1)(a) of the Hindu Marriage Act, 1955, non-consummation of a solemnized marriage because of the impotency of either spouse is a ground for considering a marriage voidable, The proof of impotency is critical because merely accusing someone of being impotent is not enough because there will be no proof but only one person's word against another. An examination by a medical professional is regarded as the most reliable evidence to prove impotence in the Court. Although consummation is not a legal requirement, whether or not the couple has engaged in it can still have legal consequences. If you or your spouse were incapable of having sexual intercourse but were unaware of this condition at the time of marriage. In that case, the marriage might be eligible for an annulment. A voidable marriage is annulled by the decree of nullity under section 12 of the Hindu Marriage Act, 1955. According to Section 24 of the Special Marriage Act, 1954 on the petition of either of the parties, a marriage can be declared null and void by the decree of nullity on the ground of impotency of respondent. But, in your case, based on a medical report from a consulted gynecologist, that proves your wife's disability/impotency that causes non-consummation of marriage, even if she files a divorce petition on the grounds of your impotency, the court may pass an order rejecting her claim. Reach out to an Advocate experienced in matrimonial cases for guidance and steps.
Under section 12(1)(a) of the Hindu Marriage Act, 1955, non-consummation of a solemnized marriage because of the impotency of either spouse is a ground for considering a marriage voidable, The proof of impotency is critical because merely accusing someone of being impotent is not enough because there will be no proof but only one person's word against another. An examination by a medical professional is regarded as the most reliable evidence to prove impotence in the Court. Although consummation is not a legal requirement, whether or not the couple has engaged in it can still have legal consequences. If you or your spouse were incapable of having sexual intercourse but were unaware of this condition at the time of marriage. In that case, the marriage might be eligible for an annulment. A voidable marriage is annulled by the decree of nullity under section 12 of the Hindu Marriage Act, 1955. According to Section 24 of the Special Marriage Act, 1954 on the petition of either of the parties, a marriage can be declared null and void by the decree of nullity on the ground of impotency of respondent. But, in your case, based on a medical report from a consulted gynecologist, that proves your wife's disability/impotency that causes non-consummation of marriage, even if she files a divorce petition on the grounds of your impotency, the court may pass an order rejecting her claim. Reach out to an Advocate experienced in matrimonial cases for guidance and steps.
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