• Impotency

Sir, 
We have been married for ten years , still childless because my husband was diagnosed with zero sperm count(also erectile dysfunction ).My fil is a doctor too but asked him to avoid treatments Coz there would be side effects;did manage to convince him to take medical treatment, he gets medication but doesn't bother to take the medicines. He gets intimate once in 6 months or so only when I bring up the matter. I'm going through terrible mental agony, can't sleep at nights Coz he has sleep apnea too. He always has an excuse , says things would work out 
Back home, my parents aren't supportive , say it's my fate !! I was working until last year, had to resign due to severe back pain I've almost reached a saturation level and can't take it any longer, planning to call it quits. I feel cheated .. If he's really planning to work on the marriage , why would I have to remind him every 6 months 

Plz advice
Asked 11 days ago in Family Law from Cochin, Kerala
Religion: Hindu
1) you can file for divorce on grounds of mental l cruelty

2) refusal to have sex amounts to mental cruelty

3) you can seek alimony from husband 

4) you can also file DV case seek right to stay in matrimonial home  or alternative accommodation and maintenance  from husband 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
You have suffered for too long, put a full stop to the misery you are under going. File for divorce on grounds of partner impotency, which is doctor certified. Despite the marriage being consummated, you being childless for 10 long years is proof enough for you to get divorce on this ground.
If Parents are not supportive of this decision, convince them, otherwise, it is your life, if you are confident that you can support yourself after the divorce, then why do you need anybody support or permission.
If you have reached a point of saturation, then don't die a slow death by bearing this further. File for divorce immediately and put an end to this suffering, and get ready to move on in life.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
5.0 on 5.0
1. Well, no marriage survives if one of the spouses suffers from impotency from the very beginning.
2. So forget your parents and ask for compensation from your husband for the loss caused to your life and then amicably dissolve the marriage.
3. If your husband does not agree then file case u/s 498A IPC and civil suit for dissolution of marriage on the ground of non consummation of marriage.
4. If you are unemployed then file case under PWDV Act as well.
Devajyoti Barman
Advocate, Kolkata
5179 Answers
54 Consultations
4.9 on 5.0
1. You shall have to decide as to what do you want from this matrimonial relationship.

2. If you can generate adequate patience, you can try to get him treated.

3. If you think that you can not bear it any more, then decide for filing a divorce suit on the ground of impotency.

4. Before taking decision, you should keep in mind that divorce is the 2nd most stressful event in one's life.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
In your case you can file a petition for dissolution of marriage on the ground of impotency of your husband as due to erectile dysfunction he has not been able to have sex with you and. A marriage without sex has been held as anathema by the Supreme Court in a number of judgments.  
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
If you are currently residing in Kerala then you can file the petition in Kerala. However you say you are from Bangalore, currently staying here, then you can file the petition here in Bangalore. Or alternatively you can file the petition at the place of marriage, which ever is convenient to you.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
5.0 on 5.0
DV/ Divorce  case can be filed in Bangalore wherein you are presently residing 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1. You can file the divorce suit at any of the fllowing place as per law.

a) the place where your marriage was solemnised.

b) the place where you both last stayed together &

c) the place where the wife is currently staying.

2. Engage a lawyer at Bangalore having expertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
You can file the petition where you are currently residing.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
Back home, my parents aren't supportive , say it's my fate !! I was working until last year, had to resign due to severe back pain I've almost reached a saturation level and can't take it any longer, planning to call it quits. I feel cheated .. If he's really planning to work on the marriage , why would I have to remind him every 6 months 

If you have planned for quitting your married life with him then you may first gather his medical records without his knowledge, secure them and file a divorce case on the grounds of impotency.
This can be filed any time since this is a continuous process. 
You can consult a local advocate and proceed with your plans to dissolve your marriage by a decree of divorce on the grounds of impotency. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
Hez a central government employee settled in kochi(born and broughtup here) ,whereas Im from bangalore (both are keralites though) . Where can a case be filed ? kochi or bangalore?

Since you are based out of Bangalore and you have proofs to prove that you can file a divorce case in Bangalore also. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0

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