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Can my wife divorce me if i am proved to be impotent
27-Mar-2023 (In Divorce Law)
My wife and her parents is trying to sue me stating I am impotent. I personally do not have any health issues. But I didn't do any check up prior to marriage. But we didn't have sexual intercourse in last 4 months. After engagement we had several issues with them and tried to cancel the marriage. But then they didn't allow. Now if I am tested positive for being impotent what wil b my fate. My parents insisted and I married that's all I have done. I am from a poor family but have a good job but my wife is from upper middle class. She is asking for divorce. Our marriage is nw 4 months old. Give me suggestion. Both of us are Hindus.
First up you decide, whether you want live with her or not. If don’t want, file a mutual divorce or wait till filing of divorce petition by your wife.
anyway, divorce cannot be file before one year from the marriage.
anyway, divorce cannot be file before one year from the marriage.
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If you are impotent you wife can sue you for nullity of marriage. The practical way out is to conduct a mediation/negotiation with your wife and her family. Thereafter settle the financial matter if any. And file a mutual divorce petition. So the entire matter can be resolved.
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Adv. Girish K. Raj
Kottayam | 25+ Answers
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As per the Hindu Marriage Act impotency is a valid ground for seeking divorce. If your wife files the case against you, you will be ordered by the court for the medical examination. If the allegation is right it will be reflected in the judgement as well.
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Adv. Sindu R Kurup
Kannur | 200+ Answers
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Don't worry ,first of all a divorce petition can be filed only after one year of marriage but after one year if she file a petition for divorce on the ground of impotence and it is proved in her favour then there is possibility to allow the petition
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Adv. Ajeesh Ummer
Ernakulam | 25+ Answers
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Your wife can sue for divorce on the basis of impotency. But if you object to it in the court of law, they have to prove it by taking steps. For that you may need to undergo medical examination. If the impotency is proved then the divorce can be allowed. But impotency is of several reasons. Physical impotency is to be proved. A person may suffer from impotency due to mental elements; and that is temporary which can be cured. In that case we can stick on.
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Adv. R. Madhuraj
Trivandrum | 100+ Answers
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Impotency in the Context of Divorce:
Impotency, in the context of divorce, refers to a condition where one spouse is unable to engage in sexual intercourse due to physical or psychological reasons. This can be a complex issue when it comes to divorce proceedings. Here are some key points related to impotency and divorce:
- Ground for Divorce: Impotency can serve as a ground for divorce in India. If a spouse can prove that their partner is impotent and this condition existed at the time of marriage, it may be considered a valid reason for seeking a divorce.
- Proving Impotency: Proving impotency in court can be challenging. It typically requires medical evidence and expert testimony to establish the condition. This can involve medical examinations and consultations with specialists.
- Alimony: In cases where impotency is proven and leads to divorce, the issue of alimony or spousal support may arise. The court may consider the financial needs of the spouse who is not at fault for the impotency in determining alimony.
- Punishment for Hiding Impotence: Concealing impotence at the time of marriage can have legal consequences. If it's discovered that a spouse knowingly hid their impotency before marriage, it could affect the divorce settlement and may result in penalties.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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