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Wife cannot get pregnant and did not disclose this before marriage
18-Dec-2023 (In Divorce Law)
I got married last year 2015, after marriage I got to know about her operation in her abdomen, when i inquired about she did not give a satisfactory response, after much argument, finally i got some papers relating to her operation which i found false later. when i consult a doctor and got her examined in a diogonastic center, i got to know further that there is very low chance of getting her pregnant. when I confronted with all that she warned me that she will fill a case against me under dowry allegation. now i want divorce, what is my legal position in the matter.
Both the term impotency and infertility is different.
Impotency is defined as physical incapacity of accomplishing the sexual act, while infertility means inability to conceive a child. In law, infertility is no ground for getting a divorce while impotency is ground for annulling the marriage. Section 12 (1) (a) of the Hindu Marriage Act provides for annulling the marriage on the ground 'that the marriage has not been consummated owing to the impotence of the respondent.
To get divorce you need to establish the impotency of your wife, Very low chance of getting pregnant cant be a ground of divorce.
As your wife threatened you that she will file a false case against you, it is better to inform your local police station regarding this.
Impotency is defined as physical incapacity of accomplishing the sexual act, while infertility means inability to conceive a child. In law, infertility is no ground for getting a divorce while impotency is ground for annulling the marriage. Section 12 (1) (a) of the Hindu Marriage Act provides for annulling the marriage on the ground 'that the marriage has not been consummated owing to the impotence of the respondent.
To get divorce you need to establish the impotency of your wife, Very low chance of getting pregnant cant be a ground of divorce.
As your wife threatened you that she will file a false case against you, it is better to inform your local police station regarding this.
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You need secure yourself immediately, whatever documents you have of your wife which you have examined should be removed and secured in safe custody.
need more details to guide you better. there are few steps you need to act upon immediately for your own safeguard.
need more details to guide you better. there are few steps you need to act upon immediately for your own safeguard.
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Adv. Aveek Bose
Kolkata | 500+ Answers
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U can not get divorce only because your wife has a very low chance getting pregnant. Even if she is unable to get pregnant is not a good ground for divorce. But u can file divorce on the grounds of cruelty along with the non disclosure of previous operation and many others.
Other details required for precise discussion.
Other details required for precise discussion.
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Adv. Soma Das
Barasat | 25+ Answers
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