Married 17th January, 2019 in my native West Bengal with my wife whose native is also in West Bengal. Both of us work in Software Industry in Bangalore with almost same salary. Only after staying 2 months with me in Bangalore in my flat she left my flat alleging me of Impotency. After one month her parents came to my parent's native home and asked for 15 lacs or money. We denied. In August they filed a case of annulment accusing me with of impotency. My question in not about this case though. Because I and my parents have been suffering a lot for this and decided not to fight to get rid of her. I even don't care of getting Annulment verdict. Kindly enlighten me in below three queries only. 1. In annulment verdict it will be written by judge that "This Marriage termed as null/void" or " This Marriage termed as null/voide BECAUSE OF IMPOTENCY OF HUSBAND/RESPONDENT". MY MAIN QUESTION: 2. There is a chance of cheating case filed by them because we know they just want money. So, Even if we NOT fight this annulment case or fight and loose ...they can file a cheating case. What are the negatives of having a cheating case filed for hiding impotency against me? For this question I kindly request your detailed reply. 3. If i loose even that cheating case what will happen? I am not confused with this case, i am confused of whether fighting,not fighting, future of each decision So, i will be highly obliged if you knowledgeable lawyers kindly help me.
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1) court would mention reasons for anullment of marriage on grounds of impotency of husband
2) wife can file case of cheating against you under section 420 of IPC if you are impotent
3) her case would you married her with intention to deceive her as you were aware that you are impotent
4) you should contest petition filed by wife for anullment of marriage. Deny that you are impotent
Mr. Ajay Sethi and all the knowledgeable honorable lawyers that's my question, i am not Impotent. But if i deny to go under medical test to face harrassment and court in my first case as ex parte declare me as Impotent. Even after that , in cheating case can they prove we have hidden the fact or did cheating? (Because Impotency is about two people in sexual relationship. If it's my first Marriage how can i know i am Impotent?) Follow up Question is : how can they prove i knew I was Impotent before marriage? And IF I LOOSE, what can court give verdict? Jail? Whatever money they claim in petition? Or some money honourble judge think right?
1. If you will not fight the case filed by her , then she will get Ex-parte order in her support, i.e. all the allegation will be simply accepted by the Court , and finally the Court will pass its judgement of Annulment of marriage on the ground stated by your wife.
2. Yes, she can file a case of cheating on the ground of impotency under the provision of cheating and breach of trust.
3. If, she will lodge her FIR for cheating and breach of trust , then you will have face the trial ,otherwise , court will issue arrest warrant.
- In a criminal case , an accused is bound to face trial for proving his innocency before the court.
- Best option is to fight the case filed by her , and to refuse her allegation.
- Since, she passed her two months period with you , you can accuse her for the impotency,if any.
You can undergo potency test to prove you are not impotent
2) if you refuse adverse inference can be drawn against you in anullment case
3) in cheating case burden of proof is upon prosecution to prove allegations beyond reasonable doubt
4) if convicted you would be sentenced to imprisonment
Ajay Sethi sir thanks for your valuable reply. Is there one instance in whole India where a cheating case filed by wife alleging hiding Impotency of husband ended in imprisonment? If you can kindly help me with one example or link...
1. The court, if deciding this case on exparte basis, then it may pass a verdict stating that the petition is allowed and decreed as prayed for, it may generally not elaborate more on this.
2. Cheating case may not be maintainable.
The police will not entertain any such case stating that this is a civil matter and you get the relief in court as per law.
3. There wont be any cheating case.
If you are so much concerned about the consequences, you may decide to fight her annulment case properly as per law and merits in your side.
It is not so easy to get the annulment cae decreed in her favor without proving her statement or pleadings with proper documentary evidences including medical reports.
In annulment petition, if the relief for annulling the marriage is claimed then the court will not go beyond the relief claimed.
The court will not sentence you to undergo imprisonment because this is not a criminal offence.
She cannot lodge a criminal complaint for the offences of cheating because without proof she cannot hold you responsible for cheating her, moreover this is a matrimonial subject the police will not interfere in this civil matter.
The exparte annulment of marriage cannot be taken as evidence to prove that you an impotent, the medical records are the evidences to prove the same.
Since no criminal complaint is maintainable in this regard, you may not find any such case especially it will be very difficult to find any case decided by the sub-ordinate courts, in this regard.
It's very difficult to prove cheating in court as per the aforesaid circumstances. They need to prove a lot for the same.
1. if you were not impotent then there is nos cope for getting a decree in impotency. So under no circumstances I would advise you to let a decree of nullity be passed ex parte.
2. It is not prudent or advisable to get decree passed against you and this ground of impotency can be used by you
3. O impotency ground no criminal case of cheating lies though she may file civil suit for damages which may not be decreed against you if you contest properly.
https://www.google.com/amp/s/www.ndtv.com/india-news/consider-punishment-for-those-hiding-impotence-before-marriage-madras-high-court-655748%3Famp%3D1%26akamai-rum%3Doff
Do not go by any particular high court judgement. There are so many high court orders in different directions. It would be miserably wrong to decide further course of action on basis of a single high court judgement which may land you in unnecessary trouble and tension.
A high court judgement only works as a reference to the subject matter to put some light on it , but not as a laid down principles.
Do not get confused by some wrong high court judgement. Many high court judgements are set aside by Supreme Court. It is not necessary to consider a single high court judgement as set of law on that particular issue. You should construe the general views of the courts by going through judgements of other high courts and of Supreme Court.
The general view is that all matrimonial matters and disputes are of civil nature. There is no applicability of criminal law.
Further for your knowledge cheating in criminal law is mainly referrable to economic losses and damages , not to matrimonial matters or any matter causing emotional distress.
So there is no criminality in hiding of, or misrepresentation of, any material facts concerning to the marriage, unless it is done with an intention to gain some economic benefits. This would be considered as a civil wrong and a valid ground for annulment of marriage.
Dear Sir,
You have to take the judgment of Family Court to High Court and get such findings “impotency” to be deleted to avoid future complications of filing cheating case against you.
- Now , a wife is using as a new weapon that her husband is impotent, specially when she is not interested to continue with her husband.
- And due that reason , i suggest yoou , to face and contest the case filed by her .
- After appearing before the Court, you should file your reply/your written statement/objection , after denying her allegation in totality.
- For filing your reply , dont think about any Potency test ,becuase firstly she will have to prove in her evidence during cross examination , that how & when , she came to know that her husband is impotent.
- Without having any proof on her favour , police will also not lodge her complaint /FIR , blindlyl on her saying, and without having a medical proof with her.
- Like this , you are also free to file your complaint , that she is not fertile.
- If , you will accept her allegation , she will try to extort huge amount from you, because it will be very tough job for her ,to declared you impotent before the court of law.
- Further, you can also file a defamation case against her for destroying your image .
Dear
The annulement will order will be that marriage is declared as null and void on ground of impotency of husband.
They can file fraud case on you and claim losses and maintenance. And if you lose this case you may have to pay more money than demanded by your in-laws
It will be better for you if you defend your case but also counter claim divorce on ground of misrepresentation and fraud for grabbing money from you and your family.
