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Case filed under section 12(1)(a)and under section 144


04-Mar-2026 (In Divorce Law)
My wife deserted me just 5months after marriage without any reasonable cause and now filed case saying that I am impotent (without any proof) i have my medical reports which proves i am not impotent. I have section 9 rcr against her. She has filed case8 under section BNS 144. How can I win this case
Answers (2)

Answer #1
987 votes
From the facts you have mentioned, a false allegation of impotency without medical proof generally does not sustain in court, especially when you already possess medical reports to the contrary. Your Restitution of Conjugal Rights Petition under Section 9 of the Hindu Marriage Act also indicates your intention to continue the marriage, which courts do consider. In many such cases, the burden lies on the person making the allegation to substantiate it with credible evidence. The case filed under Section 144 of the Bharatiya Nyaya Sanhita would depend on the specific allegations and evidence placed before the court. Proper presentation of medical records and cross-examination of the allegations usually becomes crucial in such disputes. Each case depends on its facts and its impossible to predict a specific outcome.
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Advocate E. A. Ashwin Datha

Adv. E. A. Ashwin Datha

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Answer #2
721 votes
In Response to your Query “My wife deserted me just 5months after marriage without any reasonable cause and now filed case saying that I am impotent (without any proof) i have my medical reports which proves i am not impotent. I have section 9 rcr against her. She has filed case8 under section BNS 144. How can I win this case” Yes you wine the if you i proper medical report with u and then can file case based on cruelty because it seems that your wife is not interested in this marriage.
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Advocate Babita

Adv. Babita

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