• Divorce and impotency

Hello Everyone

I have been married for 6 years and Wife filed for divorce saying i am impotent. 

She has been living separately from almost year and also done Maintenance case against me.

Actually i am fine and have no such issue. Its her who did not wanted sex and always gave reasons for not having sex with her.

Sometimes she would just fight with me before having sex and as a result, i would not get erection and she thinks i have erectile dysfunction.

On request of her , i also visited couple of hospitals to checkup, the doctors just did some consultation with us and recommended me some medicines like Viagra. Please note, they just recommended medicines based on what me and my wife told them. They never did any health checkup and impotency test.

Wife has used those same consultation papers and have used them as proof along with divorce petition. They are not blood reports or any impotency test report, its just their doctor letter pad which list some of my details like age, hobiess and mention of words like erectile dysfunction , Viagra etc.

I also asked her to get her checkup done but she never visited any doctor, so i have no documents of her tests or consultation.

From what i have read, i need to get my hormones blood test report and go through penile doppler ultrasound (impotency test).
 
My question is...

1>I need to file a reply to this in couple of weeks. Shall i get these both tests done and include the reports in my reply? Or Just mention in my reply that all her claims are baseless and i ready to undergo any tests to prove i am not impotent (after court orders)?

2>Once proven that i am normal and not impotent, what are my other options?
Asked 4 years ago in Family Law
Religion: Sikh

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27 Answers

If you are not impotent or you are medically fit and your wife putting false allegation on record or if you proved then you filled defamation case and cruelty case against you wife. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Yes, you get these tests done and enclose the same with your reply.

2. Wait and watch. Once she lose the case what course of action is taken by her, no one knows.

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

Why don`t you take medical check up from govt. hospital and submit the report in court. Reliable. Her demand of maintenance and divorce will dismiss based on false allegations.

Yogendra Singh Rajawat
Advocate, Jaipur
22595 Answers
31 Consultations

4.4 on 5.0

You can do any of the two.

Reports from doctor is must. 

If you can prove you are normal then court will dismiss the petition. 

Alternatively you can file divorce case on ground of cruelty on part of your wife of filing false allegation against you. 

 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

1) you should get tests done and enclose reports in your reply 

 

2) once it is proved that you are potent divorce case filed by wife would be dismissed 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

Yes you should get the reports.done from authorized laboratory and file.report of same along the reply.

2. See you can contest her divorce and on same divorce may not be granted.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes you can deny the said facts as she needs to prove the same.  Secondly if her allegations are baseless you can demand compensation or secure divorce on ground of cruelty from her

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

Hi

You file  the reply to cases filed by your wife giving all details.

Give an unconditional undertaking to undergo tests to prove your her wrong.

Once the claims of your wife are proven wrong, automatically her case will weaken.

Options that arise in your favour:

     - you are entitled for divorce for cruelty by her on you.

     - you need not file a separate case, just you make a counter claim in the case filed by her (subject to getting proof of your fitness)

     - you may also thing of instituting criminal cases on her viz., perjury …....

Good  Luck

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

The wife was living with you for the past 5 years although you were allegedly impotent. You were impotent right from  the start still she didn't raise the issue. Therefore the court shall not consider this ground. Don't do any tests.  Wait for the court to pass an order. If the court says then do it.

Regards 

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

1. No. Just submit your affidavit in opposition countering all her allegation soecifically stating that the Doctor's prescription as submitted by her does not prove your impotency but mentions whatever she had told the doctor as your medical problem .

 

2. During the Course of the arguments, your Advocate should ask for a Court order directing you to get your potency checked by any Govt. Hospital as specified by the Court.

 

3. Once the said Doctor submits his report in your favour, the divorce case will be dismised.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Dear

At this stage In written statement you have to deny her claims in plaint and write your counter claims like she never let you have physical relationship etc. 

The test reports can be submitted at the time of evidence.

If her claims are found false the divorce case is going to be dismissed by family court.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Respected sir... 

  1. Sir you can get the test done and attach report of that along with reply that will change the direction of the entire case and your report will be admitted in court and play a major role in deciding your case... 
  2. Sir not only her case will change but your right will also occures to file defamation case against her... 

Sir once your report will be produced then she will be on her knees... 

 

 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

Dear Sir,

Following information may kindly be read:

Following things need to be done whenever faced with allegation of impotence:

  1. Of course deny it completely in your written statement/objection to her main petition.  Do not listen to lawyer that we will do some mediation or some such BS.  How will mediation remove this allegation against you?
  2. There is no need to go for any potency test or such thing at time of filing objection.  That is a matter of husband’s evidence or wife’s cross-exam and that stage comes much later after wife’s evidence is over.  Count maybe 2 years and more for family court cases.
  3. If wife has made this allegation in any open forum, social media like Facebook, Twitter, Whatsapp etc and it has spread all around, then you may have to seriously consider filing defamation and damages at some point of time.  If it is on an online forum, then you could use Information Technology Act Sec 66A to proceed against wife too.  Because such an allegation could destroy your future chances of marriage, and even if one doesn’t want to remarry, such an allegation can’t be left to disappear on its own with passage of time.  There are many such cases and one of them is here: Wife to pay 2 lakh damages for alleging husband was impotent
  4. Do not entertain any other ‘offer’ of compromise, financial settlement, mutual consent divorce because even if you accept it, the word may leak out that your first marriage broke because of impotence.  Try proving people wrong once they have made opinion about you based on ‘reliable’ grapevine!  The second marriage if done might also be doomed, because only old-digger type of women are  usually ‘attracted’ to men who got out of first marriage with some kind of ‘impotence’ tag lying in a document somewhere.
  5. Make it as a major point during any ‘mediation’ proceedings that it is you the husband/respondent/accused who needs to be compensated to a sum of Rs 10 Crorebecause such an allegation is made against you.  Of course this will never happen but the point is that you shift the focus on their false allegation before they try to stick the usual false DV allegations against you.

  6. Update 10/05/2019: In the final analysis, such female will not come back or if she does it will be short-lived before fresh allegations/cases filed on husband because she has no respect for husband or for sanctity of a relationship.   Those who do don’t make such seriously defamatory false allegations.  So the marriage is effectively doomed once a false allegation of impotence is made about husband.  Though this site doesn’t advise on how to get divorce, it is pertinent to note that false allegation of impotence can be one of the easier ways to prove mental cruelty on husband whereby divorce can be granted.  In such cases, filing divorce might be actually advisable because not filing will later lead to suspicion about husband that if he was indeed not impotent, then why is he not filing divorce and only trying to fight the false cases?  That has been the usual advice by MRAs which is still correct as regards to fighting vigorously the false allegations, but it’s becoming outdated with regards to the part about husband not ever filing divorce no matter how good grounds and evidence.  One reason for that advice was the problem of dealing with an additional demand of maintenance under HMA 24, so one has to weigh that against the possibility of using this divorce case to get a quicker settlement with zero alimony – which is very much in line with the “fight for what’s right” and “fight for results” methodology of this site.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1.  You may give a counter reply denying all her allegations and may state the facts that took place in your married life with her.

You may even deny her allegation about your potentiality and may submit that you are ready and willing to undergo the said test to prove yourself fit for conjugal relationship at her cost with through a government medical hospital or a well known private medical practitioner and also insist that she should also undergo medical test for the similar reason. 

 

2. First participate in the case and prove her allegations are false and get the case dismissed after which you can file a divorce case on the ground of mental cruelty citing this divorce case as the reason for the cruelties.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Medical tests report prove that you are not impotent 

 

2) as far as relative impotency plea is concerned in reply mention that wife refused to have sex after marriage and hence marriage was not consummated 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

Still she needs to prove the same.  It's not easy to prove impotency in court

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

No if you are physically fit based on relative impotency she cannot now change her allegations. 

See since you are rebutting you claim she need proof of same that is treatment.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hi

In response to your above post, simply you are wasting your time and money.

However, your efforts have borne fruit.  Use them effectively in your reply and file them as supporting documents against your lady's claims.

The same will push her on to back foot.

It is her look out.  Once the court accepts your reply and supporting documents her case weakens, as such, you hit the final nail in to the COFFIN. 

Do not think too much or go on surfing, but do some constructive RESEARCH and COLLATE documents / evidence in support of your case and to defeat her case / pleadings. 

Your aforesaid research leads  to confused state of mind.

Good Luck.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

1. You should deny the allegation of impotency levelled by your wife and pray for a direction for getting yourself  medically tested by the doctor of a Hoispital as decided by the Court.

 

2. The Doctor will certify whether you are open to relative impotency of perfectly a fit and potent person.

 

3. This medical report will be of great importance in your case.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1) You don’t have to reimburse marriage expenses . Deny that any dowry was demanded and paid by wife family 

 

2) wife would be entitled to maintenance if she is unable to maintain herself 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

1. If divorce is not allowed court may reject her all prayers and you may not have to pay any amount towards marriage expenses.

2. If maintenance is separately filed under 125 crpc or dv then rejection can be only ground to contest same but if under HMA maintenance is filed along divorce then in that case same can be rejected.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

No you don't have to reimburse the same. They can't legally claim the same through court

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

The wife wants the divorce not you and she alleged that you are impotent.

The tests are normal and hence file a criminal defamation complaint against these people and demnd a hefty amount as compensation. Also the money you spent should also be stated and demanded.

Regards 

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

If she proves relative impotency, which i am sure she cannot, then that too does not mean that you are impotent.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

1. They have sought for the decree of divorce on the sole ground that you are impotent. If your impotency is not proved then her said divorce suit will be dismissed and you will not be required to pay anything on the said account.

 

2. If it is established that she has left your house without any cogent rerason i.e. if her sole ground shown for leaving your house is proved to be incorrect, then she will be asked to live with you. It will be proved that she has left your house of her own will which will make her inelligible to claim any maintenance from you.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

if case dismissed  after You can file civil and criminal defamation case in separate court having jurisdiction in the matter. no need to pay any compensation or maintenance until court grant. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Hi

The question of reimbursement should not does not arise i.e., if you accept that you have taken dowry you will be booked under Dowry Prohibition Act (deny all their averments).

When their case is dismissed, the question of all their demands will also go.

The divorce / maintenance are two independent cases.  Impact of dismissal of divorce case will not be there on maintenance case. 

The other way round, if interim maintenance is granted in Divorce case.  Yes, it will end once the divorce petition is dismissed.

Therefore, you contest the maintenance case, and prove that the allegations made therein are false.  In case if you prove the allegations made by your wife to be false and created, then she will not be entitled to same.

There are rulings from Hon'ble Supreme Court, wherein if wife files false maintenance case, upon disproving the same, she will not be entitled for maintenance.

Good Luck.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

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