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My wife filed me impotent case on me.
20-Mar-2023 (In Divorce Law)
My wife filed impotent notice as response to my petition Section 13 1 ia because she left me after more than year. Is court consider impotent case even we separated after more than one year now.
if u have filed divorce case u can go for counseling and decide for settlement amount in the next date of hearing both the parties will be heard and can take a chance to do away with the cases and the wife will withdraw all her cases and go for mutual divorce. I m strictly to family court I myself is practicing in saket with an experience of more than decade free to call for further query
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Adv. Anupama Sharma
Adv. Anupama Sharma
Delhi | 200+ Answers
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as your wife has allegated you with the allegation of impotency and as oer court direction you have allready undergone impotency test also in tjis sinario you should also ammend your divorce petition for the reason of fake allegations as well as you should also fight fir defamation as well in the competant court of law. im this matter i think you need an expert to handle your case.
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Adv. Vishwanath Pratap Singh
Adv. Vishwanath Pratap Singh
Delhi | 1000+ Answers
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Alimony
Even if husband wins the case, even in those circumstances court on its discretion can grant Alimony to wife. Generally, court checks whether wife is financially sound or helpless. If wife is well financially sound in those situation Court may deny to grant permanent Alimony.
Moreover, the parameters for Maintainence, Interim Maintenance, Alimony etc are same, which include financial status of both spouses, liability & expenditure of both.
Thanks all the best.
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Adv. D. Khan
Adv. D. Khan
Delhi | 1000+ Answers
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is your wife a working women? how much she has demanded as alimony money? do you have children? there are many parameters on which alimony is decided, since your impotency report is in your favour you will get divorce on cruelty ground very easily
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Well, your Wife has reasonable ground to desert you, as you were not satisfying her physically, considering she alleged, that, you are Impotent. Court will consider this ground as the legitimate ground for deserting you if this gets proved by her even after more than a year has been elapsed since the Date she left you. On this ground of Impotency, she can seek Divorce too.
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Adv. Pankaj Bajaj
Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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There is an option for you to file an appeal/revision in the Higher court where you can make your point and tell your story and show income evidence of your wife to establish that she is able to maintain herself with her own income and no requirement for any other amount from your side and also there are heavy chances of dropping the amount decided by subordinate court as your wife is having a good life style .
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Adv. Nitanshu Sharma
Adv. Nitanshu Sharma
Gurgaon / Gurugram | 200+ Answers
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Greetings for the day,
In this situation which has been stated by you, there are certain legal ways which will be of your help, However taking into account the gravity and privacy of the issue, it is advisable for you to communicate in private.
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Adv. Deepak Sharma
Adv. Deepak Sharma
Faridabad | 200+ Answers
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You need not to worry and if she is working more than you.. Than you can claim maintainance from her.. But if all the facts are in favour of you.. For that u need to tell me the complete facts and details of all cases... Ak Rohilla
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Adv. AK Rohilla
Adv. AK Rohilla
Rohtak | 100+ Answers
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Hi sir,
Pl share more details like the divorce decree passed in your wife's favour.
Where are they demanding money- court or out of court
Pl provide more details in order to guide you effectively
Pl feel free to call
Thanks
Adv Dr Preeti
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Dr. Preeti Manderna
Dr. Preeti Manderna
Panchkula | 400+ Answers
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In India, the amount of alimony or maintenance to be paid is determined by the court based on various factors such as the financial status of both parties, their standard of living, the duration of the marriage, the earning capacity of each spouse, and other relevant factors. The court will consider all the relevant factors before deciding on the amount of maintenance to be paid.
If your wife is taking maintenance from you and your wife is also working woman, then in this case you can file application for alteration of maintenance as per u/s 127(1) crpc.
As you said, she had physical intimacy with someone. It will not affect your case as you already divorced.
If you have any further queries feel free to contact with me
Thanks
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Adv. Pushpender Malik
Adv. Pushpender Malik
Jind | 25+ Answers
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