Annulment of marriage alleging impotency
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?
Asked 6 days ago in Family Law from Bangalore, Karnataka
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?
Asked 6 days ago
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.
Asked 5 days ago
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.
Asked 4 days ago