Got married January, 2019. Husband wife both are Hindu but marriage first happened through Registration;so it comes under Special Marriage Act. Only after 2 months wife lett my home. Then she filed a case of annulment where in the "Appeal" section of the petition she has only asked for " Annulment of Marriage due to Impotency of husband under Special Marriage Act u/s 25". But, in the other parts of the petition she has used words like "verbal abuse", "fraudery & hiding Impotency". My lawyer is suggesting me of filling a reply denying all allitations along with a counter affidavit/case asking for annulment of Marriage due to her willful refusal of sexual life during two months of married life. My questions are : 1. My lawyers suggestion Is this the best available option infront of me? 2. Will it go as two seperate cases or one single case? 3. I have to come to a negotiation with my wife to make the above mentioned second case fruitful? Or it will proceed as per law by the rule of Judge. 4. I asked my lawyer if i should get an ex-parte decree of annulment to end and get out of this Marriage/her as soon as possible. But My lawyer suggested this filling of second affidavit/case only because he is saying that aftery wife won this case of annulment, she can file a criminal case of fraudery to get some damage suit money from me. How strong is this chance? Because, though i am not Impotent, from my (non-legal) common understanding how can i know my Impotency before my very first marriage.hence, how can it be a fraudery?
After annulment of marriage you both become bachelor and will be not called as divorcee in the future.
You can say that you're not impotent but she didn't like you and deserted home so want annulment on non consummate ground.
There is no fraudary case she can file on you later.
Yes suggestion of your lawyer is absolutely right.
It will be single case in which you are going to file written statement as well as counter claim.
Ex-parte decree will be a proof that you are agreeing to allegations of your wife.
Mr. Mohit Kapoor, Sir my follow up question is : 1. If I go by my lawyer of filing counter claim. There also judge can ask me to go for a medical test. What will happen if I pass the test and what will happen if i fail the test in that scenario? 2. Ex-parte decree of the case filed by her will be a proof that I am agreeing to allegations of your wife. OK. But what can be legal negative consequences of it for me?
1. You have to deny her allegations if you have decided to fight against her case and defend your future interests.
You may have to file a counter denying all her allegations and the averments mentioned by her in the annulment petition.
2. You are challenging her case by filing your objections in the form of counter, it means you are fighting against her in her case and not that you are filing a fresh case against her.
3. The is no second case here, who told there is a second case, if you want to fight her case then you may abide by the instructions of your lawyer instead of complicating the simple issue.
4. Your question that how will you come know about your impotency is nothing but you are trying to hide your problem with your own lawyer.
Until you are not sincere and honest with your lawyer and reveal the facts you cannot get justice or your lawyer may not be able to protect you or save you from the consequences namely defamation, criminal case for fraud etc.
1. First of all you think about positive results alone, if the result is negative then the law will take its own course of action.
2. You may not be able to marry another person in future if the reason for divorce is due to your impotency which can be seen from the petition and judgment copy.
Your future married life will be in dark.
1. Yes you should contest all these allegations the option is correct though on your defence the court won't allow annulment.
2. Single case of annulment .
3. You have to contest the case , the court shall decide as per the case.
4. See she based on other allegations of cruelty and harassment can proceed with the criminal cases.
1. If you fail the test then in that case marriage shall be annulled. Otherwise case may be dismissed.
2. See can file criminal charges at later stage.
1) you should act as per your lawyer advice
2) it would be one single case
3) you cannot be forced to settle with wife
4) your lawyer is correct you should contest the case as wife may file case of cheating against you
she can also claim compensation from you after obtaining decree
If you pass the impotency test wife petition would be dismissed
2) if you fail she would get an decree for anullment of marriage on grounds of impotency
3) it would affect your chances of getting married again
Mr. Kalaiselvan, Sir I am not hiding anything to my lawyer, nor am I Impotent. Why I asked this question & why I am confused is because, If i go under test then passing that test will make the annulment case dismissed. So, agains I have to file a divorce case. And we all know how much time contested divorce case takes time. Mutual is not possible because verbally to me her father already asked 15 lacs. And we can not afford to give them any money. That's the reason i am confused. Loosing this annulment case seems to me the easiest , fastest & cheapest way to get out of this bitter relationship. But fighting it or filling counter claim all those scenarios raising " time, money, her will to negotiate " all these conditions.
1)you should act as per your lawyer advice and contest the allegations made that you are impotent
2) if you do not do so wife can get exparte decree for anullment of your marriage
3) ultimately you have to take decision whether to contest the allegations or not
You choose your future.
The decision is ultimately yours.
You should not take a wrong decision due to the prevailing circumstances.
You should not suffer due to your own fault.
You are the better judge of your own situation hence take a wise decision.
See you can leave the petition ex-parte see but that risk shall be there.
Medical test dose not order in routine manner, file cross objection as suggested by your advocate - denial of physical intimacy.
Ex parte not advisable.
If divorce grant ex parte and not challenge by you, admission of her imputation than you shall be responsible to compensate them as marriage failed cause of you.
Contest with cross objection, also impute adultery cahrges on her - when mess will increase, good chances of settlement and early divorce.
Also record there demand of money to end litigation - extortion proof.
If you're not impotent than don't worry. Here you just has to prove that your wife didn't kept any physical relationship. So on non consummate ground grant the annulment of marriage order this request you have to make to judge.
If you clears the test then her claims against you will be nullified after test reports.
And then court will go for evidence of your counter claim in written statement.
And if you fail in test then she can get decree of annulement of marriage.
It will not have much negative effect but incase you want to remarry and your prospective in-laws wants you to show decree of divorce then it can create problems for you.
You should counter claim annulment of marriage on ground of fraud and demand of money for divorce and refusal to consummate the marriage.
1. Best option for you shall be to negotiate with your wife and jointly file a mutual consent divorce petition on agred terms which will be decided within 6& 1/2 months from the date of its filing.
2. I do not agree for filing two cases which will benift the lawyer only. In one such case, I had suggested my client not to attend the case and let the case be decided ex-parte.
3. You need not negotiate with your wife for filing your case against her alleging her refusal to have s*x with you.
4. No criminal case can be filed against you even if you are found to be impotent. Filing additional case will benefit your lawyer only financially. Just allow it be decided ex-parte.
1. A person can be temporarily impotent or become impotent and it is not a crime to be impotent. However, you very well know whether you are impotent or not. and if you are not impotent, the medical test will not call you as impotent.
2. Ex-parte decree will not state that you have accepted the allegation. It will state that you have not contested the case filed by your wife. This is one of the easiest ways to get rid of troubling wife.
1. A person can be temporarily impotent or become impotent and it is not a crime to be impotent. However, you very well know whether you are impotent or not. and if you are not impotent, the medical test will not call you as impotent.
2. Ex-parte decree will not state that you have accepted the allegation. It will state that you have not contested the case filed by your wife. This is one of the easiest ways to get rid of troubling wife.
1. A person can be temporarily impotent or become impotent and it is not a crime to be impotent. However, you very well know whether you are impotent or not. and if you are not impotent, the medical test will not call you as impotent.
2. Ex-parte decree will not state that you have accepted the allegation. It will state that you have not contested the case filed by your wife. This is one of the easiest ways to get rid of troubling wife.
1. Allow the instant case to be decided ex-parte.
2. Do not file any further case against her in this regard .
Mr. Ganguly, thank you sir. I think you have understood that my wish correctly that I am not hiding or have any doubt about my Impotency but more than her it's me who wants to end this Marriage as soon as possible. Now if I pass the test it is she who will be beneficial. Again I have to file contested divorce case and all. That's why I am thinking of ex-parte. But my lawyer is saying that if she wins this case then she will file "damage suit" or "fraudery" case to get money. Which is creating dilemma in me.
Wife is at liberty to claim compensation from you in event of anullment of marriage on account of impotency
1. Do not attend the hearings of the case filed by your wife.
2. In that case, the Court will not send you for any medical examination.
3. The decree of annulment of your marriage will be passed ex-parte.
4. Do not let her know that you want the divorce more than her because in that case she might withdraw it and file RCR case desiring to stay with you.
5. Allow the case to go ex-parte.
See if she also want the marriage to be dissolved fast she can agree for the mutual divorce.
See your lawyer is correct in stating same.
You don't appear to take any concrete decision because you are looking for too many options.
You're the person who has to decide and not your lawyer.
You may decide about facing the future consequences also by letting it go exparte.