My answers are as follows
1. Will she still be given alimony by court (not talking about maintenance)?
Ans: No, as the marriage last for few months and your impotency is false allegation. Simply making such allegation the Bombay High Court registered a criminal case against wife
.2. sec 25 can be filed without divorce being filed? because she can not file divorce case now within one year of marriage.
Ans: She can file but she has to establish many things.
3. I have consulted doctor along with her, doctor said no need of any test within 2 months of marriage. I didn't hide anything as I always have proper erection while masturbation and i never had sex before marriage. She didnt listen to doctor or give anytime to us. To what extend she can harm me with this impotence issue? how should i handle it? I have read about one Bombay high court judgement where it said that wife cant file case mentioning about "impotency" of husband and is she does that can be defamatory under act 500.
Ans: Yes, you are perfectly correct. Within 2 months it can not be decided. She might be having sex before marriage.
4. If we agree with section 25, still she can file 498a and DV and all right?
Ans: It is is a counter blast and wish to take revenge it has no legs to stand. You can get stay on such FIR.
Grounds for Divorce: Impotence
If you’re feeling trapped in a passionless marriage, you may be able to file for divorce based on your spouse’s impotence.
People enter into relationships for many reasons, including intimacy. Couples that decide to get married are usually committed to sharing a lifetime of emotional and physical affection. For some couples, sexual relations may become impossible due to one spouse’s impotence.
What Is Impotence?
“Impotence” is the inability to have sexual relations. The law makes a distinction between an inability to engage in sexual activity and a spouse’s refusal or intentional avoidance of intimate relations. For example, a spouse that simply withholds sex won’t be deemed impotent. Likewise, a spouse’s infertility or inability to produce a child isn’t considered impotence. However, a physical, psychological, or other medical condition that makes it impossible to have intercourse may constitute impotence and is grounds for divorce in many states.
, a judge won’t grant a divorce due to impotence unless you can prove that your spouse's inability to have sex is permanent and incurable. This can be especially difficult to prove with all the medical advances, surgeries, and prescription treatments available today.
A judge can require an allegedly impotent spouse to submit to medical and psychological testing. If tests prove your spouse is unable to have sex—or if your spouse refuses the tests—the judge may grant your divorce, but can’t require your spouse to undergo treatment.