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Can impotent husband seek divorce or nullify marriage ?
18-Nov-2023 (In Divorce Law)
Hi, I have technical query regarding Hindu marriage act 1955 section 12.a. As per it, petitioner can file a petition if respondent is impotent. My query is whether it is possible to file a case if petitioner is impotent and petitioner wants to nullify marriage under this grounds. The respondent (wife) is reluctant to beget legal proceedings against husband because of fear, society beliefs and family pressure. In this is it possible to husband to file a divorce petition if he is impotent. Actually the husband is homosexual. He tried for MCD but family / wife is not cooperating.
According to Section 12 in The Hindu Marriage Act, 1955 marriage may be annulled by a decree of nullity on various gorunds. One of those ground is u/s 12 (a) that the marriage has not been consummated owing to the impotence of the respondent or either spouse was physically incapable to be married (typically, chronically unable to have sexual intercourse) at the time of the marriage.
So answer to your query is petitioner cannot file for anullment on the above ground but you can definately file for divorce on any of the other grounds suitable to your case
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Adv. Sudershani Ray
Delhi | 200+ Answers
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