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Divorce filed by NRI wife on impotency grounds against NRI husband


28-Feb-2023 (In Divorce Law)
Husband and wife married 6 years ago under HMA were not putting up normal life due to incompatibility. She filed thro' her father petition for divorce on (false)impotency grounds. Though the husband is agreeable for divorce but not on impotency grounds as he has medical reports from abroad as well India as a proof to rebut the false charges. What should husband do as the party is not ready for talks for MCD. Party is thinking of complaint under 498a merely for harassing husband /family. Husband /wife butch are abroad at present. What should husband include in rebuttal reply as well as to combat 498a. Wife left husband's house immediately after she got EAD(work permit) and later green card on marriage basis in husband's behalf.
Answers (4)

Answer #1
798 votes
You should strongly contest divorce if it have been filed on impotency ground. She may file complaint for Cheating and fraud for non disclosing this fact to her prior marriage.
You should definitely contest the divorce filed by your wife.
Advocate Jagan Nath Bhandari

Adv. Jagan Nath Bhandari

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Answer #2
541 votes
In this peculiar situation Mediation and conciliation will be the appropriate remedy in my opinion. Since husband is ready for mutual dissolution of marriage he can approach the Mediation centre of any courts in their jurisdiction in India or they may seek such service abroad. It would save time energy and money.
Advocate Gaurav Pathak

Adv. Gaurav Pathak

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Answer #3
772 votes
From your verdict, it looks like that her main aim was to get the work permit and NRI status out of this wedlock. In view of that you need to take certain steps with the Embassy also to suspend her NRI card and work permit. In addition to this if she has filed divorce on the basis of false ground, your counsel shall file an application for your medical examination to rebut. Thereafter the detailed reply shall be filed along with defamation case after obtaining the medical report.
Advocate Deepak Malhotra

Adv. Deepak Malhotra

LawRatoChandigarh | 100+ Answers
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Answer #4
990 votes
Firstly Husband should denied all the contents in his reply then he should file separate divorce petition nd also file domestic violence case against wife nd his relatives
Nd also he can get maintenance from his wife
Advocate Ajay Dhankhar

Adv. Ajay Dhankhar

LawRatoChandigarh | 25+ Answers
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How NRI husband challenge wife's petition for marriage annulment due to husband impotence?

Reply by LawRato
The husband can challenge the claim of impotence by providing evidence that he is not impotent. This can include medical tests and reports that prove his potency. He can also provide evidence that the marriage has been consummated. Making baseless and false allegations against one’s spouse regarding impotency of life partner amounts to cruelty and divorce can be granted on that ground.

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