Seeking advice on impotency in mutual Divorce

Question

Seeking advice on impotency in mutual Divorce

28-Mar-2026 (In Divorce Law)

I got married in 2015, however martial relationship never got consummated as my husband is suffering from erectile dysfunction (impotent). I stayed with him in marriage and he is now asking divorce. We are going ahead with mutual divorce but he denied that he is not impotent. How to prove it.

Answers (5)

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Adv. Prashant Gupta Adv. Prashant Gupta

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Advocate Santosh S. Gaikwad LawRato · Accepted Answer · 2026-03-28T22:42:37+05:30

Answer #2

in mutual consent you no need to specify any reason, hence you can remove the reason of impotent and you can narrate your story in other way where you both will get the divorce on the mutual consent also for you need to set the terms and conditions for the same

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Adv. Santosh S. Gaikwad Adv. Santosh S. Gaikwad

Navi Mumbai | 50+ Answers

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Advocate Mrunmayi Kotawadekar LawRato · Accepted Answer · 2026-03-30T12:52:37+05:30

Answer #3

In mutual divorce, you need not prove impotence, consent and settlement are sufficient. If disputed, it can be proved through medical examination ordered by court, expert evidence, or consistent non-consummation facts. However, avoid contest unless necessary.

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Adv. Mrunmayi Kotawadekar Adv. Mrunmayi Kotawadekar

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Advocate Veenu Mishra LawRato · Accepted Answer · 2026-03-30T13:18:07+05:30

Answer #4

Hello if you proceed with mutual divorce ,you usually dont’need to prove impotence at all . If you still want to prove impotence. 1. Medical Examination (Strongest evidence) 2. Your testimony 3.Circumstantial evidence ( Living together but no phisical relationship , messages emails ,or admission(if any). Under Indian matrimonial Law the Hindu Marriage Act,1955. Non consummation due to impotence can be a valid ground for Annulment . we can go for Annulment as well as

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Adv. Veenu Mishra Adv. Veenu Mishra

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Advocate Utkarsh Mehta LawRato · Accepted Answer · 2026-04-04T10:53:55+05:30

Answer #5

Aapke case me “non-consummation of marriage due to impotence” ek valid legal ground hai. Agar husband deny kar raha hai, toh proof ke liye sabse strong evidence medical examination hota hai. Court ke paas power hoti hai ki wo husband ka medical test (potency test) karwane ka order de. Agar wo mana karta hai, toh court uske refusal se adverse inference le sakti hai. Iske alawa: • Aap apni testimony (statement) de sakti hain • Marriage ke itne saalon me physical relation na hone ka fact important hai • Koi messages/communication ho toh wo bhi support karega Agar aap mutual divorce kar rahi hain, toh yeh prove karna zaruri nahi hota — waha terms decide karna zyada important hota hai. Lekin contested matter me medical evidence sabse crucial hota hai. Proper legal strategy se aap apna case strong bana sakti hain.

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Adv. Utkarsh Mehta Adv. Utkarsh Mehta

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