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Husband physically harassed me I have filed a case against him now


16-Sep-2023 (In Divorce Law)
Hello sir I got married on Dec 2016. I was with my husband for 3 months. Now I'm in my parents house I was physically and mentally tortured by my husband. We never had a peaceful relation even on bed. He intentionally hurts my body while having sex. I found his medical illness as erectile dysfunction (premature ejaculation) so i thought its gud to get medically treated but his ego is too high to even accept his condition. His torture become worse as days passed He also grabbed my gold and started demanding money from my parents. Finally I decided to get divorced. I filed a case stating dowry harassment physical violence and also impotency on my lawyer's advice. Now I feel I made a mistake by stating that impotency point because I already had sex with him and he even recorded our videos without my knowledge. Now I'm terrified what will happen if I'm claimed as fraud for alleging him as impotent. Do i have to get virginity test done. What if he is proved not impotent. Plz suggest me..
Answers (3)

Answer #1
531 votes
Now you come to a stage to get divorce him so no point in counselling and spending time. You already you filed 498A case and asking divorce on grounds of impotency. As per your marital life of three months you understand that he important. Your role ends here, remaining your advocate will take care how to prove it. One thing we would like to suggest you that premature ejaculation is a common problem among men, How he recorded without your knowledge? How you come to know that recording. Better try for mutual divorce.
Answer #2
672 votes
Hi
Technically erectile dysfunction is impotency and as such you do not need to worry.
It is not necessary for you to get the virginity test done to prove your husband's impotency.
On the contra, it is your husband who has to prove that he does not have erectile dysfunction as diagnosed by doctor(hope you have the medical certificate with you)
Answer #3
1000 votes
Madam,

As you mentioned that your husband has recorded videos when you were having sex , he can produce the same before the court at the time of his evidence and you also may be required to get virginity test done as and when directed by the court and if your husband is able to prove that he is potent, the case will be decided in his favor and your divorce will be dismissed. Later your husband can file defamation case against you as you have lowered his dignity in the eyes of the society and you will be prosecuted for that. Further, your husband can also file a suit for damages in the civil court and claim compensation for the loss caused to him due to false accusation of impotency. Its better to compromise the case with your husband and withdraw the case.

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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