Dear Lawyers, What are legal grounds that I need to put in my appeal for forcing wife to undergo medical examination in a non-consummated marriage. DV & Divorce cases are going on. However till now wife is silent on consummation of marriage. So, how I can force wife to undergo a medical examination to prove whether she consummated marriage or not. I could see various discussion like https://www.kaanoon.com/58384/hoe-to-get-divorce-under-non-consumation-of-marriage , but first I need to make sure court would accept my plea. What additional information I can obtain from that medical examination. i.e. something like Whether she is still sexually active or not? Whether she abort or not etc.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
You cannot force wife to undergo medical tests to prove non consummation of marriage
2) if court directs wife to undergo medical examination and she refuses adverse inference can be drawn by courts
3)the medical tests would reveal whether wife had sex after marriage or not
Dear Ajay Sir, Then in case of absence of medical examination, what queries shall I put during cross examination to prove non-consummation of marriage. Case Background: Husband & wife living separately since 5 years, just after 1 day of marriage. A mutual separation happened verbally between both parties 5 years back as wife told that she forced into marriage forcefully, but now wife side start demanding 25 lakhs for her next marriage and put DV cases. So I have to put divorce case. Additionally , please let know in what circumstances court can directs wife to undergo medical examination in DV case..
1) The issue is whether wife is claiming marriage has been consummated?
2) Has wife in her reply mentioned that marriage is consummated
3) You can in your cross ask her whether marriage is consummated
4) refuse to pay her Rs 25 lakhs
5) you must have filed for divorce on grounds of mental cruelty and desertion
6) if wife has refused to stay with husband for continuous period of 3 years case for desertion is made out
You cannot force her for or court for medical reports for non consumated marriage.
I'm.your divorce petition you can plead same before court that since first day your leaving separately. There is no domestic relation wife deserted from first day and marriage is non comsumated
The instances from your marital life can be cross checked if she stayed for you for just one day then also if she is claiming that marriage is consummated then you lawyer can put up question regarding same like when she stayed with you , when she went to paresnts?
The cross examination is based on what she states in her examination in chief is she claiming marriage has been consummated.
Air medical certificate is used when there are injuries on her and she claims for physical violence for checking sexual life court won't permit it neither it can be found out.
You have a fair case on cruelty and desertion contest same.
Also in her dv case there is no merit as you were never in domestic relationship
1. You can apply to the court under section 151 cpc to constitute a medical board to medically examine your wife on the issue of non consummation of marriage.
2. However your wife is no bound to undergo such medical tests in such event the court is free to take adverse presumption.
3. That apart relevant question on this issue can be pt to her during her evidence.
Dear Devajyoti & Shubham , Though she accepted in her undertaking that she lived with husband for 5 days, but she said that she had been beaten (without medical certificate) & denied to food & forced out from husband's home. Importantly till evidence stage of DV case, she is silent on consummation of marriage. FYI.. Her father is senior practicing lawyer in Saharanpur Court, Uttar Pradesh, & well know how to play with laws. So I want concrete ruling to show up in Family Court as in India courts favour women. You can also send me private messages, if you think discussion on tis portal may dilute my case.
Discussion on portal would not affect your case
2) you must not raise queries in your name and not mention your location when you raise query
3) burden of proof is upon wife to prove allegations made by her in DV case
See the date.on which the incident alleged has to be seen if she has been staying away from 5 years and she has alleged a 5 year old date then the case itself looks fabricated at all this time.when she was in her parents home she could filed but this is after thought and to extort money.
Secondly if she was not there at your place right from second day then there is no possibility of domestic violence now either for that strong evidence in court has to be there from.your side or she has to be verified and contradicted in her cross examination.
Hire a good criminal lawyer the cross is always based on statement in chief all other fact and circumstances if she is lying all case she can be contradicted at many place in her own statements and court shall have knowledge to effect.
Regarding consumation of marriage you can contend same in your reply that there was no consumption of marriage later at stage in your evidence you can confirm same.
Further you just have to defend burden of proof is on wife and you think on prima facia discuss with your local lawyer there is nothing against you then go for quashing of dv case before HC gujarat high court recently quashed a dv proceeding contending to be quasi criminal proceeding the petition of quashing was decided.
http://www.livelaw.in/complaints-under-domestic-violence-act-can-be-quashed-invoking-section-482-crpc-gujarat-hc-db/
The stage of citing decisions comes at the very last stage which is at argument stage which commences when trial ends.
Sp first conduct the trial with good cross examination and once evidence of both parties is completed then while arguing the case decisions may be cited.
You cannot force her to undergo medical examination, even court cannot force her to doi so, if you file a petition for this and she refuses to undergo, then the court may not force her but will conclude based on her refusal.
\
You can make all the allegations in your pleadings about this, let she cooperate, if she do not then the court may be requested to accept your allegations as true and to pass a decree and judgment in your favor accordingly.
Even if she is subjected to medical examination, it cannot be found that whether the marriage was consummated or not, since it is about sexual relationship.
If she was a divorcee, then the question do not arise.
It all depends on the trial alone, let she deny it after which you can adopt further due process of law in this regard.
Her father is senior practicing lawyer in Saharanpur Court, Uttar Pradesh, & well know how to play with laws. So I want concrete ruling to show up in Family Court as in India courts favour women.
Laws are not in favor ow women, it is common to all.
Her father cannot defend her if she is letting know any information to court even by tongue slip.
You can fight it out on the basis of merits in your side.