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Whether nullity is possible on the grounds of husband impotency


06-Feb-2023 (In Divorce Law)

My case is running in trial court under sec 12 1(a) husband impotency. Court done his potency test from Aiims Delhi. Doctors wrote his medical report is that he has no erectile dysfunction.There is nothing to suggest that the person is incapable to perform sexual intercourse in normal circumstances.However psychological causes leading to nonperformance as happens in QUOAD HONC cannot be ruled out.My question is on the basis of above medical report nullity is possible? Please guide me and give me suitable answer.

Answers (1)

Answer #1
630 votes
It is difficult to provide you a clear and specific yes or no with respect to the nullity on the basis of the medical report alone as other relevant evidence and pleadings have to be considered. Also, cross-examination of the husband will become extremely important in this case to prove the psychological cause. Therefore, annulling a marriage on grounds of impotence does not always depend on a single medical report, but all of the evidence combined.

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