• Divorce due to semi-erectile dysfunction

Hi,

I am 32 and wife is 29. We have been married for 5 years. No kids. We are Indian Citizens but live in USA. I get erection or ejaculation problems with my wife . But , when I watch a hot movie, I get normal erections. So , I think this issue happens with only my wife. I consulted a doctor and he said I don't have any physical problems and my penis and it's blood flow is normal. My wife always threatens me with a divorce. She says I will have dire consequences if she goes to court. Can you please explain what will be the judgement of the court if incase my wife files a divorce? Will it result in severe consequences for me? Thanks in advance
Asked 3 years ago in Family Law
Religion: Hindu

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11 Answers

Wife can file for anullment of marriage  on grounds of impotency of husband if marriage has not been consummated 

 

if your wife threatens you with divorce record her threats 

 

best option is to file for divorce by mutual consent 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

If she proves you to be impotent by producing substantial documentary evidences to substantiate or establish her allegations,  the court may pass a judgment dissolving the marriage by a decree of divorce on the grounds of impotency. 

However,  this is not a permanent disability hence you can challenge the same to defend your interests when she files the divorce case. 

There's no other consequence on this as the threats posed by her.

You need not worry about her threats. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. Court will look into the matter of your case based on the medical reports and the problem can be cured by medical intervention or can't be cured at all.

2. If the medical reports indicate that your problem is incurable, then the court may consider granting divorce along with maintenance/alimony to your wife.

3. To avoid medical intervention and other things, you and your wife can agree for Mutual Consent Divorce which is time saving and mutually both husband and wife can resolve the matter amicably regarding maintenance, alimony, assets and liabilities.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

  1. Divorce is granted only for impotence and not for erectile dysfunction, infertility or any other sexual maladies. In medical terms, there's a lot of difference between impotence and erectile dysfunction and the law is very clear....  Divorce only on grounds of impotence and no other sexual maladies. 
  2. Hence, you need not pay any heed to threats by your wife. Rather, both of you should seek a marriage counselor to make your marriage work, and you must seek medical attention too, for your erectile dysfunction. 
  3. I'm willing to defend you in court as your counsel (Advocate), if your wife petitions for Divorce. I need an exhaustive consultation session with you first. For that you have to visit me. 
  4. ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four) 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1545 Answers
5 Consultations

4.4 on 5.0

Impotency is a ground for divorce but she cannot file any punitive damages against you for that as this condition is not voluntary. You may also say that it happens only with her.

She may take divorce from you. No criminal charges can be filed against you. In fact you should produce the report in case she goes to the court.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

Impotency is a good ground of divorce which is is allowed in hundreds everyday. 

I wonder why are you getting so scared of your wife.  In this terrorising circumstances no marriage can survive. 

So dissolve the marriage. 

There is no  ' severe consequences ' in matrimonial dispute. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Hi, Your wife has to file a Petition for divorce on the ground of Cruelty and any other ground and she has to prove her allegations in the court otherwise she will not get the divorce.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

Dear Sir,

In all the cases, the opinion of doctor will be sought and if the report of doctor is correct, you will not face problem on this account. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Dear sir,

No, there will not be any dire consequences.

since the doctor whom you consulted told you that you are physically fit and blood flow is normal, it wont be a ground for divorce. However, your wife may seek court for divorce if she is unhappy with you.

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

Dear Querist, in relation to your question my advice to you is as follows:-

1. Your wife can file a case of cruelty against you and on this basis she can get a decree of divorce in her favour.

2. In case, she files any case in the court she can claim maintenance ( if she is not earning or if she is earning, her earnings are not enough to sustain herself).

3. She can file mental harrasment case against you as well.

4. You can consult a good marriage counselor in your case, so that you both can understand your own problems and can lead a normal life.

Please feel free to call.

Puvali Singh
Advocate, Delhi
40 Answers

5.0 on 5.0

- Now, a wife is using as a new weapon that her husband is impotent and having erection problem , especially when she is not interested to continue with her husband.

- And due that reason, it is suggested to contest the case filed by her on this ground and cruelty . 

- After appearing before the Court, you will have to file y/your written statement/objection, after denying her allegation in totality.

- For filing your reply, don’t think about any Potency test, because 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 , blindly 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 , 

- However , if she is not interested to continue with you , then take her consent for mutual divorce , which you can file in US as well , and this passed decree will be valid in India. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

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