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Quashing a divorce case in high courts regarding
07-Jun-2025 (In Divorce Law)
My wife has filed a impotency case against me. But i got myself checked in private hospitals and ready to prove i am potent. Can I use this evidence, submit this in high court and quash this case?
Sir,
The facts given here are not sufficient, what kind of case she had filed against you ? civil or criminal? where is it filed?
Quashing in highcourt can be filed only in certain cases where it is merely filed to harrass.
You can even challenge her case in the court where she had filed case against you.
Helpful?
Adv. R.Nithiyaa
Salem | 50+ Answers
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You can produce the medical reports from private hospitals as evidence in court. Under Section 45 of the Indian Evidence Act, 1872, the opinion of medical experts is admissible in evidence. You can file these reports as documentary evidence to challenge the allegations of impotency made by your wife.
For quashing the case, you may file a petition under Section 482 of the Code of Criminal Procedure, 1973 before the High Court, seeking to quash the proceedings on the ground that the case is baseless and that you have medical proof of potency. The High Court, if satisfied that there is no prima facie case or that the complaint is an abuse of the process of law, can exercise its inherent power to quash the proceedings.
Adv. Arjun Saravanan
Rajendra Law Office LLP
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Adv. Arjun S
Chennai | 100+ Answers
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hi, I can well understand your concern from the query raised, yes you can file for a quash provided that the potency certificate obtained is genuine, and also there are several factors including consummation of marriage, thank you
Helpful?
You can get the certificate from the hospital. Then you can file a petition and cancel this case. You can prove it and then no one can bear any burden on you. First get the evidence from the relevant hospital.
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Adv. Arivazhagan
Coimbatore | 25+ Answers
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