Admitting false allegation of impotency outside court - Seeking MCD
31-Oct-2023 (In Divorce Law)
My friend’s wife filed OP that my friend is impotent and sought declaration of marriage as NULL and VOID since marriage was not consummated during their stay together for only a week. Subsequently she never joined him at matrimonial home.
My friend countered her allegation in his IA and requested the court to order for his potency test to prove that he is fit for marital life. Court has admitted his IA and ordered for medical examination. Now she approached my friend outside the court and requested for filing MCD. My friend asked her to withdraw the false allegation of impotency first.
Kindly advise whether existing OP can be converted to MCD with withdrawal of allegations by her OR a fresh Petition is to be filed for MCD after withdrawal of this OP, [OR] she has to file an amendment Petition to this OP. Also, what are the steps to be followed and caution to be exercised by my friend in agreeing to her request at this stage [after 2 years of solemnization of Marriage].
In case you intend to mutually resolve the dispute you may opt for mutual consent, however it is recommended that your wife approach the court first and represent the same before the judge, since this way the court will record that it is her intent to call for settlement.
However given that your wife has already complicated the case, recommend you to consult a lawyer.
In case you wish to contest the matter, you can file a defamation suit for assassinating your character.
In case you wish to know your legal remedies please consult a lawyer.
This information is subject to limited information provided by you and shall not be regarded as an legal advise, and so please approach a lawyer for appropriate legal support.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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