93+ Lawyers are online 
Divorce on ground on impotency
05-Dec-2023 (In Divorce Law)
I got married on 3rd Oct. However we have decided not to stay together after 23 rd of October due to impotancy of husband. Since from that day we are living seperate. We have done one MOU and also declared that we are not staying together from that date. However we want to be legally seperated and wanted to make our marriage null and void. We got married in Oct 2017. So can we file the petition on mutual consent immediately to get legally seperated? (as our case is remarriage case ,he is widow and I am divorcee. We don't want to waste the time in this relationship) also what law says in this case? Do we need to wait for 1 year judicial separation? As our age is almost 40 and 46, we don't want to waste our time in this. What way you will suggest to finish this relationship legally without wasting time.
You can file a petition to the concern family court or civil court for declaration of marriage as null and void on the basis of impotency. But impotency has to be certified by medical practitioner . If your husband also accepts that he is impotent, then court may declare your marriage to him as nullity quickly.
Helpful?
22+
22+
Adv. Mukesh Vasant Shinde
Thane | 400+ Answers
Chat
On the presumption you have married under the Hindu Marriage Act ,your marriage is voidable at your option and you can approach court for getting a decree of nullity under Section 12(1)(a). You need not wait for a year .
Helpful?
17+
17+
Adv. Vadakkemadom Lakshmanan SR
Thane | 100+ Answers
CONTACT NOW
First things first what are the legal grounds for such a short period of remarriage if your objective of marriage was just and only physical requirements as your allegations of IMPOTENCY will only be contested during trial and under Evidence Act sec 65(b) if any.
Secondly if at all you have all the right information wrt MOU then why did you agree upon for the same.
Thirdly and finally if you have even slight knowledge of legal proceedings as mentioned n addressed as DIVORCEE then the more time you take to file your case or delay in filing it to respective court ,the results would be delayed too as it is rightly said that justice delayed is justice denied.Either stick to your legal advisor or wait till a yr of Judicial separation plus 4 to 7 months after that for decree and judgement later.
Secondly if at all you have all the right information wrt MOU then why did you agree upon for the same.
Thirdly and finally if you have even slight knowledge of legal proceedings as mentioned n addressed as DIVORCEE then the more time you take to file your case or delay in filing it to respective court ,the results would be delayed too as it is rightly said that justice delayed is justice denied.Either stick to your legal advisor or wait till a yr of Judicial separation plus 4 to 7 months after that for decree and judgement later.
Helpful?
10+
10+
Adv. Seema Ravindra Kulkarni
Pune | 100+ Answers
CONTACT NOW
No muh time is required for getting divorce in such cases. Firstly my opinion would be to take doctor's report regarding impotency of husband and then file divorce petition. As your is special case if you satisfy court regarding absence of collusion with respect to impotency of husband and further to take divorce, in such case court can order for Judicial separation decree. Divorce by mutual consent will take minimum of 18 months time.
Hope your query is being answered
Regards
Hope your query is being answered
Regards
Helpful?
22+
22+
Adv. Bhavik V. Raval
Kalyan | 25+ Answers
CONTACT NOW
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.
Connect with top Divorce lawyers for your specific legal issue
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."
