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.
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?
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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.
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.
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.
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.
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
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.
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
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
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
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.
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.
Respected sir...
Sir once your report will be produced then she will be on her knees...
Thank you
Dear Sir,
Following information may kindly be read:
Following things need to be done whenever faced with allegation of impotence:
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.
Thank you all for all your advice. Over the last week, i have got my tests done (hormones, testosterone, penile doppler..) and all the reports and normal. I have decided to include these reports while replying to wife's allegations. Also i will be mentioning that i am ready to under go any tests under courts orders. Now, i have also read about "Relative impotency" (which a man is impotent to one women but potent to another women). Is there way wife can prove that i have relative impotency? Also what if she say that i took medical treatment to fix the impotency after seeing all my reports?
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
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.
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.
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.
Thank again everyone. Just my last question which i forgot to include in my first post. In divorce petition they also asking to reimburse the marriage expenses incurred like – cost of ring ceremony, marriage hall booking amount, dinner amount, etc with dowry which they have given us. So my next question is 1> If say case is dismissed after i am proved that i am not impotent, will i still need to reimburse them? 2> They have also filed for maintenance case, does dismissal of divorce case can influence the result of maintenance case? Please share some info. Regards
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
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.
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
If she proves relative impotency, which i am sure she cannot, then that too does not mean that you are impotent.
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.
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.
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.