You can file petition under section 12 that marriage is nullity on grounds that husband is impotent and as marriage not consummated 

2) in alternative file for divorce on grounds of mental cruelty 

3) husband  refusing to have sex amounts to mental cruelty 

4) court would direct husband to undergo potency test 

5) you can file case of cheating against husband 

6) you are entitled to alimony 

7) engage lawyer in Mumbai 

1. You may not be able to file an annulment petition at this belated stage however you can file a contested divorce case on the grounds of cruelty citing his impotency as reason. 

2. If he denies the medical records submitted by you then you can request court to direct him to undergo medical examination to prove his denial. 

3. Annulment is ruled out at this stage. 

However if medical records or reports show that his impotency has since been improved,  then your divorce petition may not be considered in your favor. 

4. You have lost the good opportunity long back   your complaint at this belated stage may not be entertained or maintainable. 

5. You  may perhaps not,  but you can seek alimony provided you are not employed. 

6. If you reside in Mumbai then you can file the proposed case in Mumbai family court itself. 

1) NO, you could not go for annulment of marriage as of now.. instead go for divorce.

2) Only if you could have left matrimonial home after knowing all his medical reports within 3 days.

3) No, can't get annulment order ... court may grant divorce.

5) Yes, you may file fraud case against him.

6) Yes, You can demand alimony from him not huge but according to his finanacial capacity that ... 25% of his monthly income court may grant it.

7) You can file in Mumbai... where as of now you are resided.

1. Yes since this has a continuing cause f action even at this stage you can file a such on the ground of non consummation of marriage.

2. Since during her staying together with her marriage was non consummated hi present sate of potency shall have no consequence.

3. same as above,

4. You can file civil suit for damages.

5. Amount of alimony depends on the income of husband which is around 1/4th of his earnings.

6. You can file such suit at your present place of residence. 

Yes you can but you need to establish that you got to know it within a year. Limitation is one year. 

Yes court may. 

Yes if he is not impotent then it will be rejected

Yes you can file fraud case

Yes you can demand alimony too

Mumbai will be better if your jurisdiction permits the same depending your actual facts. Court case may take sometime

1. Annulment after delay of 3 years may not be granted you may file for divorce on ground of cruelty as husband is not able to fulfil physical duties.

2. See you may present the reports though if he claims.court may order a potency test.

3. You separated because of the said reason from.him so you can plead same ground that at that point of time.he was not able to perform that is why you need divorce it is cruelty.

4. Fraud case may not be maintainable.

5. You may ask for maintenance , alimony from him .

6. See you may file divorce at place you last resided together or at place of your marriage or place at present where he is residing so accordingly you may engage an Advocate.

1. Annulment of Marriage has to be filed within 1 year of marriage or within 1 year from the date of discovering the impotency. In the instant case, you can make an attempt for condonation of delay, which may or may not be granted.  Otherwise convince your husband to agree for Mutual Consent Divorce, which is quick and mutually the couple can resolve all the issues, including alimony, assets, property, etc.

2.  The court will arrange to conduct his potency test if your husband disputes your allegation. Also it has to be understood that there might be improvement in his potency since from the last medical examination of over 3 years.

3.  If there is any improvement now, you are unlikely to be granted annulment. The present potency level will only be taken into account and hence the current medical report will be taken into account for deciding the case.

4.  Yes, you can file against him for the fraud played on you.

5.  Reasonable amount can be claimed towards alimony.

6.  The number of hearings cannot be quantified now itself. You can file a case in Bengaluru, if you were married here and the couple last resided here. Otherwise you can file it in Mumbai.

Hi, the divorce can be filed on the grounds of impotency ..The court will see the fact ,wether the said medical condition pre-existed from the marriage..If yes, then the divorce will be granted and later you can file for damages 

1. As per law, there is no prohibition for filing an application for annulment of marriage by a decree of nullity on the ground of impotency , but the party, who seeks to annul the marriage, has to satisfy that the marriage has not been consummated owing to the impotence of his/her spouse.

- Hence you are eligible to file Marriage Annulment based on his impotency ,even after 3 years of marriage

2. Yes, if your husband will challenge your medical report , then Court will call a medical report from a competent medical team . 

3. If, A medical report submitted by the medical board under the supervision of Court, then the team will also suggest the probability of sex satisfied to the partner. 

- Hence, the annulment will be depend upon the report of medical board.

- As per the Gujarat high court , medical proof is required to determine whether a husband was impotent or his marriage cannot be consummated when a wife seeks divorce on this ground.

4. No question posted by you.

5.  Yes, you can file a fraud case against him for hiding his impotency , and to waste the life of woman. 

6. Yes , 

7. Since, you are living in Mumbai , hence you can file a case there , and hearing depends on the burden of the court. 

1. Annulment Petition can be filed on the ground that marriage could not be consummated due to impotency of spouse.

2. Petition has to be filed within 1 year from the date on which you discovered his impotency. Your petition may be held barred by limitation unless you are able to show some cause of action within 1 year immediately preceding the date of filing of petition.

3. No criminal case, much less a case of cheating, is made out against him.

4. Court can order potency test. Your allegations will not be accepted on face value.

5. If potency test result is in favour of husband and even marginally displaces the allegation of impotency, the court will not annul the marriage. Of course, his current report has to be considered. The success rate of annulment petitions filed on the ground of impotency is very low as proving impotency is an uphill task.

6. You may file the petition in the court within whose jurisdiction you reside. Cannot say how many hearings it will take, but it may take up to 2 years.

Madam,

The point wise reply of your query is as follows:

1). You are fully eligible for filing the case of Marriage Annulment based on his impotency in the Family Court.
2). The Court will go through the medical documents produced by you and the test may also be re-conducted, if your husband claims that he is medically fit. But, that can't be predicted as of now. 


3). The careful examination of the case, merits and doctors' opinion will be ground of decision of your case. Even if there may be some improvement in 2020, but your sufferings for all these years can't be ignored and the same will be taken into consideration by court. 

5). You may also initiate the case of fraud on him for creating pressure on him. 

6). You may very well ask the heavy amount of alimony for fraud marriage by this marriage fraud. 
7). You are required to be present in court during first hearing, evidence/cross examination, mediation etc. and other dates may be managed by your advocates. 

1. Yes, you are eligible for annulment, also file a 420,406IPC FIR against him

2. Yes, May be

3. Yes you will be eligible, he needs to be 100% fit,

5. Yes, file FIR

6. How much you consider a heavy amount. For some 1 lakh is heavy, for some 1cr is nothing. 

7. File everything where you live.....no. of hearings cannot be predicted 

You can file annulment petition on ground of impotency at any time. 

Court may rely on report you have or may order for another test. 

Impotency at the time of marriage and consequently non consummation is valid ground for annulment irrespective of any further development to impotency later on.  

Hiding impotency can be construed as fraud, as to bring it under criminal law,  if the sole intention behind it was to achieve some monetary gain by such marriage . 

Othereise it would be a civil wrong .

Generally you can claim compensation in form maintenance for such wrong doings.

You can apply for nullify of marriage on the ground of impotence if living separate from husband. Yes you can file even after 3 years of marrige.

Court may order fresh test of impotency if husband claims - deficiency no longer. Old test report is reliable piece of evidence to support your case.

Current report will also consider by court so include some more grounds of cruelty. Dont base your petition on impotency only. Ground of fruad should have raised within one year but can use it.

Wife entitle to compensation and alimony for annulled marriage due to husband.

You can file divorce from your place. 

Brief  summary is, you can go for Annulment of Marriage & you can take ground of mental cruelty i.e., not participating in intercourse by one party amounts to mental cruelty and also on ground of non consummation of marriage.

Response to your Query:

1) Yes you can file for annulment (you can give reason of his treatment - Your Advocate will take care of this aspect).

2) If you request, yes court will direct him to go for Potency Test.

3) No. You are entitled for annulment, even if his test results improve.

5) Yes you can very well file case of cheating and fraud played by him and his family members (all involved)

6)  Yes you can demand whatever amount you want as alimony, but the factors to be considered are your social status, his earning capacity, educational back ground, his social status, assets etc., nothing wrong in demanding huge amount but you need to justify the same.  Don't do it for the sake of claiming, by keeping about point in mind you demand alimony.

7) Number of hearing, it cannot be said, the case may last on an average between 5 to 7 years, subject to compromise held by parties, it will be concluded earlier than above time.

It is advisable to file case in Mumbai, where you reside. 

You hire services of Lawyer from Mumbai and file the case.

If you file case in Bangalore, you have to travel to Bangalore for each date of hearing. 

1. You are eligible to file the annulment petition within one year of coming to know about the said fact. In this case, you should take him to a doctor afresh and get a prescription certifying that he is impotent. Thereafter you can file the annulment petition stating that you came to know about the fact from the medical report after having spent so many months expecting that he will take initiative to have s*x with you which he did not.

2. Yopu shlall have to file fresh medical certificate to make your annulment petition maintainable. The Court wil send him to local Govt. Hospital for further check in to the matter.

3. You have not filed annulment petition after your marriage on the ground that he is impotent. So, after you file it now, he will be tested by Govt Hospital and the report will influence the judgment of the Court.

4. No criminal case is applicable in the inatant matter.

5. If  you ask for annulment of the marriage, the question of alimony does not arise at all. Maintenance/alimony is claimed in case of divorce.

7. You can file the case at Mumbai and get the matter dealt by a Mumbai lawyer with whom you can personally interact easily when required.

1. Yes you are eligible for annulment of marriage on ground of impotency of husband.

2. Yes but you can take ground that you tried to give him time but nothing improved. 

3. No current tests will not be considered as you gave enough time to your husband. 

4. Yes 

5. Yes you can demand alimony.

6. You can file case in your hometown where you are living now and you have to appear in court as and when court gives order for personal appearance of mediation.

Usually petition for Annulment of marriage has to be filed within one year of marriage. Annulments are rarely granted and mostly in case after 3 years. Though rare it is possible to file for annulment on the basis of fraud coupled with non consummation of marriage provided your case substantiates both these causes.

Alternatively You may consider dissolution of marriage by filing for divorce on the basis of cruelty, non consummation of marriage or your husbands relative impotency towards you.

You'll need to submit medical records or hire an expert to testify about your spouse's inability to have sex.

Yes the woman who got annulment of marriage by decree of nullity can also during pendency of annulment petition claim maintenance and even at the time of finalisation of the case or thereafter claim permanent alimony and maintenance.

Dear Madam,

My answers are as follows:

• Am i eligible to file Marriage Annulment based on his impotency ,even after 3 years of marriage  ?

Ans: Yes, but it is not called annulment but only divorce for huge alimony. Normally annulment to be filed within 12 months of marriage. Nothing to worry.

• Will the court still conduct his potency test ,even if I present his medical report of impotency dated 3 days after Marriage?

Ans: If your husband denies and objects such reports then court will refer him to Govt. Medical Board.

3)If they do his potency test and If there is some improvement in his male hormone in year 2020 ,will I be ineligible to get annulment ?Is it not like that he was physically incapable AT THE TIME OF MARRIAGE  and for 2 years after marriage  or they will consider his current report ?

Ans: It all depends upon weighing of evidenc normally in such cases divorce will be given in 90 percent cases.

5)Also can I put case of fraud on him as he married ,knowingly that he is impotent and messed my life.

Ans: Yes.

6)Can I demand heavy amount of alimony for fraud marriage by this marriage fraud ?

Ans: Yes.

7)How many hearings i have to available for my case? as I am in Mumbai and husband is in Bangalore  .Is it better if i hire lawyer in  Bangalore or Mumbai?

Ans: You must hire Bengaluru lawyer and normally within 12 months it has to be disposed. If you wish earlier then you have to approach High Court

Annulment application can be filed within one year from the date on which the fraud was discovered. It had been 3 years.

You should hav3 filed tge annulment application within 1 year. This report would be considered as a current report.

It would be better if you engage a local lawyer. 

Divorce can be sought on grounds of impotency.

Yes maintenance and alimony can be demanded and would be granted by the court.

1) Its totally depends upon what other evidence are provided in the court. But its 99% annulment will be not granted, only divorce can be ordered.

2) Mutual Divorce is applicable when you both are in union situation and ready to go for MCD by providing MoU details to the court.

3) Yes

4) You may be or may not be how your lawyer put the papers on the court bench, there are citations by SC that working women is still responsibility of husband so the maintenance has been awarded.

5) Here you can cross question and request court to perform experts result.

1. The annulment case was filed because of non consummation of marriage,  it may be due to impotency or some other reason. 

Hence if that reason is convincingly proved before court then the annulment can be granted,  it's not necessary that to consider the subsequent developments. 

2. The proposed mutual consent or contested divorce,  can be filed individually and cannot be clubbed together. 

3. You know it better. 

4. You will not be eligible for maintenance if you are employed and drawing a handsome salary to  sustain your expenses. 

5. The facts of the case at the time of filing the case only shall be considered and maintainable and not the subsequent developments. 

1. since the annulment case is based on he ground of impotency of your husband, it will be dismissed if he cn prove himself as potent now. Erectile Dysfunction can be temporary also.

2. You shall have to file divorce suit afresh on appropriate grounds. For MCD, he shall have to sign the petition together with you and you can not bring fraud charge in MCD petition.

3. You shall have to file a maintenance petition.

4. You are not entitled to maintenance if you are working and your allegation of fraud has nothing to do with your professional status.

5. He might have had the said problem which he has got treated and recovered from his said problem. So, the question of challenging the earlier report may not arise at all.

You can convert existing petition into divorce by mutual consent 

2) you cannot file for MCD and fraud case 

3) court can in anullment case award you compensation 

4)if you are working and not much differences in your income you would not get maintenance 

No, fresh divorce petition will file with the ground of divorce.

He will not agree for Mutual C D if you will file fraud case. MCD files mutually.

Annulment due to husband, wife entitle to alimony and compensation.

Old report will consider by court but court may order fresh test and old report may verified by court if your husband questions it.

1. Yes.

2. Yes mutual consent divorce needs consent of both parties which is not possible if you file a fraud charge against him.

3. No, it can be granted in annulment also.

4. Fraud charges are independent of your working status. 

If you are working,  you Might not get maintenance but alimony is your right.

5. Yes hospital representative will eb called in court to give statements and verify the report 

yes you can covert into MCD. 

In a mutual divorce, both parties must have give consent and there shall not be any differences left in the matters related to contentions regarding alimony and other cases. 

Yes the woman who got annulment of marriage by decree of nullity can also during pendency of annulment petition claim maintenance and even at the time of finalisation of the case or thereafter claim permanent alimony and maintenance.

Annulment can't be convered into divorce you need to withdraw the same ans file fresh divorce

1. Annulment cannot be converted into a divorce.

2. There is no commission of any fraud, hence case is not made out.

3. If marriage is annulled then wife cannot claim maintenance/permanent alimony. Annulment means marriage never took place in the first instance.

4. If you are working and earning sufficient then you are not entitled to maintenance.

5. His present potency status alone will be considered.

Madam,

It is clarified that many things depends on how the matter is being handled. So, you are suggested to discuss each and every detail of the case with your advocate. As suggested earlier that he might be taking further medication and would have improved but it will not be of help for him and your case will remain strong as that time of the marriage, he was impotent. The case of mutual consent divorce is based on mutual understanding and after that no case would be pending/filed between the parties and hence the fraud case will not go further after mutual consent divorce. You may ask the maintenance under any condition but the amount of maintenance will vary depending on your condition. The case of fraud will be a criminal case and hence your income does not matter. The expert medical opinion may be sought by the court in case of his potency test.