• Husband filed divorce on cruelty and desertion,non consummated marriage

I have filed divorce on the ground of cruelty and desertion,main cruelty being her refusal to have sex leading to unconsummated marriage .
Section 24 withdrawn by wife and dismissed as withdrawan as she earns 45 lacs per annum and owns a 3bhk in Delhi ,proved by me .
She has filed now an application under 151 cpc to undergo myself for potency test and in her affidavit she openly alleges that husband is impotent hence the marriage was unconsummated .
Issue framed are on the grounds of cruelty and desertion .
She has alleged impotency in her affidavit but no proof submitted ,but can she ask for impotency test when I am seeking divorce and the issues are cruelty and divorce .
I m doctor my self and do not want to go for the potency test as it will be conducted by my peers only an embarrassment only.
What shoul. I do.
Asked 4 years ago in Family Law
Religion: Hindu

9 answers received in 1 day.

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9 Answers

You should agree for undergoing potency test

2) it is your case that wife has refused to have sex and marriage un consummated

3) wife case would be that marriage not consummated as you are impotent

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

If husband refuses to undergo potency test, the allegation against him will be considered to be true and annulment order may be passed by the Court.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0


You can not be forced to go for a test in light of the law laud down in selvi v. State of kerala and also under the fundamental right of self incrimination provided by the constitution of India.

For an early disposal of the case you may also undergo the test, if possible.

Otherwise she has no right to get the same done.


Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

She has no locus to question your potency in a divorce case instituted by you . This speaks volumes about her I'll intentions against you.

Apprise the court that she needs to adduce material in support of her allegation, which needless to say is absent.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

As you are a doctor you better know that importance can be proved and anyone can produce what document after the court order under this circumstances you have to prove that you are potent and able to perform sex.

Your entire diverse case will be dependent on this report and in case your proof to be in potent then you will get the divorce on the basis of cruelty and desertion.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0


IMHO you should go for the test and you already know the results so there would be no embarrassment other than the procedural aspects and the test conducted on you.

After the results file a defamation case against the wife and engage a good lawyer for the same. Do not withdraw the defamation case under any circumstances and demand a hefty penalty.

Also divorce the woman. She does not deserve you.


Rahul Mishra
Advocate, Lucknow
13755 Answers
65 Consultations

5.0 on 5.0

Firslty, as per the details provided by you sir in the present above query, makes it clear that you filed the divorce in the ground of cruelity (not having sex).

Secondly, when we file cases for cruelity then it is quite normal that the other side would also contest it on some grounds.

Thirdly, as now, she has stated that you are impotent, and a test should be there to verify the same as accorimdg to her she was ready for intonation but you are not capable.

Fourhtly, this would ruin the shine case of your if comes true.

Fifthly, you may request to have this test conducted by that hospital where you may have less knowing people.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0


If an impotency test is prefered ,if the court is satisfied it will surely go for it.As per as if it is only mutual divorce then only conditions are not imposed in court.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

She can make any allegations in her reply to the divorce petition filed by you.

But it si not mandatory that you have to undergo the test even if an order is passed by the court to this effect.

You can refuse to undergo the impotency test, the court will not compel you to under go such tests against your willingness.

The court may decide the cases on merits.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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