LawRato

Can I file Impotent case on my husband. First I filed section 9 on him


06-Sep-2023 (In Divorce Law)
My husband left me a year ago. First I filed section 9 on him. Later he filed section 13 1ia on me. In mediation center my husband claim I am cheater and liar. counsellor said mediation got failed. Now can I file impotent case on my husband?
Answers (17)

Answer #1
703 votes
Since your husband has already filed divorce then you can always prepare a strong reply/WS in your defence and in that you can write down about the impotency and all. You can also file a petition under section 125 to claim your monthly maintenance. And if there's no scope of living together then it's better to file for a mutual divorce. For more legal assistance I am just a call away.
Helpful? LawRato LawRato
Answer #2
885 votes
Dear Client
you may file domestic violence complaint in the district protection office at your location. u may include in the i complaint petition regarding that. it will legally valid.
I am here to help you
please contact me
thanks and regards
Helpful? LawRato LawRato
Answer #3
686 votes
If you file case of impotency case against your husband now first question arising will be that if he was impotent then why didn't you file the case earlier why did you file restitution case. secondly it has to be proved beyond reasonable doubts to obtain divorce on ground of impotency.
Helpful? LawRato LawRato
Answer #4
793 votes
Dear queriest, if your husband has filed divorce case then in the same you can mention your husband's impotence in your written statement. for more information about the same kindly call me. Because we need to discuss in detail and confirm further steps
Helpful? LawRato LawRato
Answer #5
856 votes
Hi there ! You can’t directly file impotent case on him that is one of the grounds to take divorce and can also be used in the ambit of cruelty in domestic violence case.
You need to hire expert advocate in this regard !
Kindly b in touch
Thanks
Helpful? LawRato LawRato
Answer #6
978 votes
You should file maintenance case and warrant can also be issued if he is not paying maintenance and if u r filing impotent on him then why did u go for sec 9 so better not filed but if it is filed you should go for divot case for further information and details plz free to call
Helpful? LawRato LawRato
Answer #7
970 votes
ln which case the mediator filed failure report ? in the case that you find on him under section 9 or in the divorce case filed by your husband ? you can file impotent case on him if the evidence is strong in your favour. the case has to be carefully drafted because you have not dispose this matter in both the earlier cases.
Helpful? LawRato LawRato
Answer #8
970 votes
yes, you can file a case of impotency on behalf of your husband if your marriage hasn't been consumated and if he evades any physical contact or other things. Impotency is a ground for making a marriage void, not just for divorce, subject to consumation of marriage. Desetion for 2 years can be a ground for cruelty on his part and entitle you for divorce.
Helpful? LawRato LawRato
Answer #9
668 votes
As you told that your husband filed a Section 9 case against you and after that to get divorceYou have filed a case under Section 30A for divorce and even in your settlement agreement, your husband has blamed you and held you responsible for all this
Helpful? LawRato LawRato
Answer #10
830 votes
First of all be clear that really he is impotent. If yes you can file by withdrawing previous petition with reason to save marriage at fullest and to avoid any garbage on his name. covert it in mutual.
Helpful? LawRato LawRato
Answer #11
655 votes
dear client as per your query I can only suggest that if you have taken the plea in your affidavit in section 9 or written statement filed in section 13 that he is impotent or in other words describing the same you can clearly mention it now for future paid consultation please contact us with your relevant documents.
Helpful? LawRato LawRato
Answer #12
813 votes
Definitely you file case against your husband and you have lots of legal remedies buts I unble advice you which remedy is best because, in your question you not disclose clear situations between you and your husband

please contact me in my office for more information
Helpful? LawRato LawRato
Answer #13
658 votes
yes you can file for a divorce case under section 13 as impotency is a ground for divorce and when the matter was in mediation your counsel should have asked for you both to get divorced as even for impotency the judicial remedy will be divorce.
Helpful? LawRato LawRato
Answer #14
597 votes
section 13 of Hindu Marriage Act provides ground for divorce on account of impotancy of either of the spouse . you can file can you return statement about the fact of impotency. you can claim maintenance from your spouse and can application to the court for testing your spouse importancy the court further take notice of your application and get your spouse tested from certified government lab if the test results are positive and in your favour then you will get divorce as well as maintenance
Helpful? LawRato LawRato
Answer #15
532 votes
Yes you can file case on your husband. In case you have filed a section 9 there are other cases eg. Domestic Violence case and Divorce case as you deem fit.

This totally depends on what outcome do you want.
Helpful? LawRato LawRato
Answer #16
527 votes
Well, you can file Application or Petition of whatsoever nature on whatever ground including that your Husband is impotent, but, such Application or Petition will get dismissed eventually, as Court will figure out easily, that, you have changed your stance, as you earlier filed for Restitution of Conjugal Rights, now, you want to go Divorce to your Hubby on the ground of impotency. This sudden change in your stance, you need to prove.
Helpful? LawRato LawRato
Answer #17
517 votes
Unilateral divorce in India is not easy thing to get and if contested by the not consenting spouse the divorce proceeding are long and tedious.

The chance of getting divorce is also difficult to get unless the petitioner spouse has very strong ground for divorce and it's is proved with sufficient admissible evidence in the Family Court.

Your husband seek divorce that you should contest and try level best to avoid him to get with help of competent and experienced Family lawyer.
Helpful? LawRato LawRato

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."