Hello,

I understand the situation you are going through.

There is no jail in divorce cases and yes impotency is a ground for divorce.

Alimony and maintenance will depend on the claim made by your wife and nothing can be told beforehand.

Though taking the defense that it is a medical problem you can escape from paying huge alimony.

You may talk to her for mutual consent divorce, this way both of you will have to face less harassment and social problems.

Let me kbow if I can be of some help.

Regards

Hi sir , divorce proceedings does not lead to imprisiomment , as it is not a criminal offence .. Impotency is a ground of divorce , but medically you are not a impotent therefore , she cannot proove it before court .. Alimony is decided by court only if she proves that she has been going through mental cruelty .. Practically , for she files contested divorce in India it will be difficult to get divorce for her ... 2 ) it is also advisable for you to consider , whether you want to carry on this marriage?

Hi this is the basic element of the marriage and if this element is missing definitely the annulment of marriage is a possibility I hope you will not be liable for payment of maintenance charges to your wife

Hi, it is better to settle things mutually between you two.. You can also initiate proceedings in US courts too

You would not be imprisoned if wife files for divorce

2) wife can file for anullment of marriage on account of your impotency

3) visit an andrologist if you have erection problems with your wife and are unable to consummate the marriage

4)when both husband and wife are working both have to shoulder responsibility of running the house

5) you don’t have to pay wife Rs 40lakhs demanded by her in laws

6)amicable divorce is best option

You can engage a lawyer to appear on your behalf

2) execute POA in favour of family member

3) your presence would be necessary during your trial

Marriage is not a place to “stand up for your rights.” Marriage is a decision to serve the other, whether in bed or out. The husband should fulfill his wife’s sexual needs, and the wife should fulfill her husband’s needs.

The marriage implies an implicit right to conjugality or consortium or Sexual intercourse. Right of consortium implies the corresponding duty of each spouse to cohabit with the other. The mutual right to several intercourse(s) continues throughout the entire period of marital life.

Men are emotional and sensitive creatures. Start building up your emotional relationship with your wife. Talk to her, LISTEN to her. Visit a Sexologist / psychologist Or talk to a therapist if he feels he needs additional support. While medical and therapeutic intervention is available, many people still suffer in silence and feel embarrassed about their condition. If you can begin to truly value your wife and the beautiful things about her that made you fall in love, which you can begin to find her sexually attractive again. Often in situations where erection problems persist, people avoid sex but also avoid comfort and cuddles. Sharing physical affection in the form of massage, hair brushing, hand holding, or other ways to connect can help you feel bonded even if you aren’t having sex as often as you would like.

A person may be disabled mentally or physically for some other activity of life will not mean the person is disabled for sexual activity. Legally non consummation is aground for divorce. If Non-Consummation of Marriage is on account of Natural Causes - impotency- marriage is treated as void under and 'Decree of Nullity' is prescribed. However, if 'Non- Consummation' of Marriage is for Non-Natural Causes - willful refusal to consummate marriage, marriage is treated as voidable marriage and Divorce is prescribed. Consummation means Vera Copula or Conjunction of two bodies or sexual intercourse between the two -husband and wife. Vera copula consists of erection and intermission or penetration.

No imprisonment is awarded if wife files for divorce. You don’t have to pay wife Rs 40lakhs demanded by her in laws. Divorce should only be used as a last resort when you feel that marriage has broken down irretrievably and in spite of your best efforts there is no chance of survival of marriage. In Indian legal system it is very difficult to get divorce. If you go to court and ask for divorce against your spouse then the onus of proving the facts will be on you.

If a divorce is inevitable then choose a divorce by Mutual Consent. Divorce by Mutual Consent is the easiest way to get a divorce, in this both parties work out their terms on which they agree to part ways- file petition in the court, which is finalised in 6 months. However there may be cases where the decision to part may not be a mutual one, and it is only one party who considers the union to be troublesome and worth getting rid off. Such situations lead to Divorce being contested.

The Supreme Court of India has held that no fixed formula can be laid for fixing the amount of maintenance. It has to be in the nature of things which depend on various facts and circumstances of each case. The court has to consider the status of the parties, their respective needs, the capacity of the husband to pay, having regard to reasonable expenses for his own maintenance and others whom he is obliged to maintain under the law and statute.Looking at the burden on the husband to provide maintenance to his wife even in cases where the wife is well educated and capable enough to earn for her living, a bench of S.A. Morey J gave a landmark judgment in favour of husband to curb the misuse of the provision of maintenance, and held that a wife who is well qualified and is capable to earn cannot sit idle and claim maintenance from her husband.

Yes, you will have to be present. Also you can appoint a POA to appear on non effective dates.

Appoint a POA and take permission from the court that POA will appear on your behalf.

Regards

1. You are the one who has not consummated the marriage as you say that you do not get erection with her. This is mental cruelty by you towards her, not vice-versa. So she is the one who can file a petition for dissolution of marriage against you on the ground of cruelty.

2. In divorce proceedings the court only decides whether to dissolve the marriage or not, it does not award imprisonment to either spouse.

3. She can claim maintenance from you by filing a DV or 125 CRPC case. Unless you can prove that she is self sufficient you will have to pay maintenance to her. Ordinarily, it is 1/3rd of husband's net income.

The presence of your lawyer alone in the court shall suffice, you do not have to personally remain present in the court except for your witness deposition.

Your lawyer may represent you in court hearing and ask permission of the court to call you in person when it is extremely necessary. You need not to travel for every date.

Dear Querist

My opinion on your queries are as under:-

What should I do in my case?

Opinion:- It will be better to go and meet a sexologist, it may be some sexual problem with you or may be you are addicted for sex by watching pron videos. if the sexologist advise any medicine then you follow the advise of doctor and tried to settled the matter with your wife, saving the marriage is very difficult and break the marriage tie is very easy. think that you are married with her from last 2 years and you are not able to sexual intercourse with her, but she is live with you, i think she also loves you and wants you but as a complete men who satisfy his wife sexually too which is necessary and essential need of the human being.

What other problems will the divorce create to me?

Opinion:- First of all forget about the divorce, if there is an option for medically examination then don't think about divorce, if after the medically examination, the doctor says that you are fit for the intercourse but because you have no sexual feelings for her, hence you are not able to intercourse with her then only you may think about the divorce.

What most likely the court will tell?

Opinion:- Contested divorce will create mental and physical problem to both the parties and it is a lengthy proceedings, the court will also asked and told to both of you for reconciliation before passing any judgment in divorce proceedings and try to save this marriage.

Is this a mental cruelty?

Opinion:- if you are not able to consummate with her then she may file a annulment petition before the family court based on your impotency as per section 12 of Hindu marriage Act-1955, hence there is no need for divorce. but if you are not impotent as per your medical reports, if certified by the doctor, then it may be cruelty and based on that she may claim divorce from the family court.

Will this result in imprisonment too?

Opinion:- there is no imprisonment

How much alimony and maintenance I have to pay.

Opinion:- Alimony and maintenance is depend on the status and life style of the parties and can be differ in each case.

You may execute a Power of Attorney to any of your relatives and that POA Holder may fight your case on behalf of you and your personal presence shall be required by the court if the court think fit that your personal presence is necessary in the proceedings, otherwise not.

Feel Free to call

1. First of all relax since there will be no punishment for you since you have not done any crime. Not being able to get erection is not a crime.

2. However, being impotent and not being capable of having s*x is a valid ground for your wife to get the decree of divorce.

3. If she files a divorce suit based on the ground that you do not get erection then you shall be sent to Govt. Hospital for medical check up and if the medical report confirms that you do9 not get erection, then the Court will pass the decree of divorce.

4. No compensation shall have to be paid by you if you can prove that you were not aware of your said defect or that you get erection in normal course.

5. Ideal solution for you shall be to get yourself treated by a doctor for your not getting erection seeing your wife.

6. You can contest the divorce suit claiming that you get erection perfectly in normal case but not after seeing your wife because she has caused terror in your mind through her ill behaviour with you.

7. In brief, if you want to save your marriage, get treated and manage to consummate the marriage with your wife and if you fail to do so, ensure that she gets the divorce decree (which is a must in the instant case) with out much financial damage to you.

8. If she is not employed, you might have to pay her monthly maintenance.

1. You won't have to be present during all the hearings in India.

2. While contesting the case you can initially send medical report of your s*xual capability collected from a doctor from USA.

3. If you want to file any application, your Advocate in India can send it to you for getting it signed by you and also getting your said signature notarised before the appropriate officer of local Indian Consulate for returning to your Indian Advocate for filing before the Court.

4. You shall have to appear before the Court while submitting evidence and being cross examined.

5. If you find that she is determined to terminate the relationship with you, as a strategy, you can advise her to file petition for annulment of her marriage on the same ground which will make her unmarried and not a divorcee and in that case you shall be relieved of paying and/bearing any further liability on her.

Non-consummation of marriage can be a substantial ground for divorce if not an annulment of marriage owing to impotency, at this stage.

However it cannot be considered as an act of cheating and there can be no criminal complaint maintainable, hence you need not be worried about jail or imprisonment for this reason.

If this impotency can be cured then it cannot be even considered as a ground for divorce.

This has to be proved with medical examiner's opinion and if need be with a second opinion by another physician.

Dont be frightened by her father's threats or by her dictates.

As far as alimony is concerned, if she is equally employed and earning a handsome salary then she may not be eligible for any alimony.

Further neither she nor her father can question about your inherited property, even if you have inherited any property, it shall belong to you alone and nobody can claim any rights in it at least not during your lifetime.

You can be in touch with your lawyer on any developments that may adversely impact you in future in this regard.

I now realized that atleast I wont be imprisoned. But, Will I have to be physically present in the court during all the hearings? As I stay in USA, I need to keep atleast 2 week leave for me to go to India. If there are many hearings I need to keep many leaves which is difficult for me to do as my company may not agree. What should I do in my case?

In case you are employed in US or any country outside India, you may give a power of attorney deed to any of your close relatives to attend the court on your behalf on the dates of hearing.

This way you need not attend court on all the dates of hearing.

1) if wife is highly qualified and working she is not entitled to maintenance unless there is substantial differences in their income

2)if your income is more you have to pay her maintenance

Her high class education alone will not be sufficient to deny her maintenance, it is to be proved that she was employed earlier and noo she is not continuing her employment for the sake of this maintenance alone.

You can gather the details of her income from other sources and can present it before court with evidence to repudiate her maintenance claim.

The income from agricultural land which is on her name, shall be ample proof to prove that she is earning sufficiently, let the court decide about the quantum of maintenance after this.

collect all evidences in favour of you. Use her pay slip , details of land and other things regarding per month earning before the court.

These are sufficient to prove that she has the capacity to earn.

Yes mental health will be a strong ground, get the certificate in relation to this from a government doctor.

regards

1. To repel the claim of maintenance it has to be proved that wife is earning. The courts do not get swayed by academic certificates.

2. Mental health is not a ground to avoid maintenance.

3. Gather proof of her land.

1. Employed wife is not entitled to any maintenance from her husband unless she is incapable of maintaining herself with her income as per the standard of her husband.

2.In the above situation, the husband shall have to pay 1/3rd to 1/4th amount of his monthly net earning less her monthly gross earning.

3. Her B. Tech certificate and pay slip is enough to disallow her entitlement for maintenance from her husband.

4. You can find out from her local registration office about the details of the title of the land she claimed to be owned by her and cultivated by her father to show that she has additional income also in addition to her salary.

Burden of proof is upon wife to prove allegations made in divorce petition

2) wife is entitled to alimony in event of divorce

3) since wife is working she woukd not be entitled to maintenance unless there is substantial differences in your income

4) if wife files false dowry harassment case apply for and obtain Anticipatory bail from sessions court

Give a notice to the nearest police station that you are being threatened. That way if she files a case it will be easier for you to fight.

As soon as she leaves your custody, file a case for restitution of conjugal rights.

Be in contact with one lawyer.

Regards

1. You are unnecessarily getting worried.

2. Audio/video record all her such threats of lodging false 498A complaint in India which will serve you as a good evidence against her if she ever files such complaint.

3. Now you start threatening her that you shall withdraw your name from her spouse Visa if she does not behave herself.

4. Frequency of s*x depends on peace of mind and can not be attained against threats or fixed dead lines.

5. Since the marriage has already been consummated and as you have already been cleared by the Doctors, she will have no merit in her case iff she files against you seeking divorce alleging your impotence.

6. Relax.

You should not be frightened by her threats.

If she would file divorce in US, then the alimony and maintenance aspects can be settled a per the laws prevailing in that country.

If she files divorce in India, this reason is not sufficient for clamming divorce.

She may resort to abuse the law favoring women to put pressure on you, but you should nto be worried on that aspect, because by this she cannot extradite you to India.

You can remain unmoved by her legal steps, let she come a round running from courts to home and other issues.She will finally get fed up and come to terms for settlement.

You can dictate terms at that stage.