What should I do if husband is impotent and physically abuses me?

469 votes

Your situation seems to be very critical and we urge you to take the following steps without any further delay as it seems that you are being subjected to regular physical violence along with the effort of your husband to subject you to sexual violence as well at the hands of his brother and father. 

First of all we suggest you to immediately register a complaint at your nearest Police Station for cruelty under Section 498A of the Indian Penal Code or for Domestic Violence under the Protection of Women from the Domestic Violence Act or both. 

Furthermore, as you have mentioned that your husband is impotent, so you can file a petition of annulment or nullity of the marriage under Section 12(1)(a) of the Hindu Marriage Act 1955 (assuming both of you are Hindu and the marriage was solemnized as per Hindu Law). Section 12 of Hindu Marriage Act is reproduced here under:

1. Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-

(a) that the marriage has not been consummated owing to the impotence of the respondent; or

With respect to Rs. 11 to 15 lacs spent on your marriage, you can file an application under Section 25 of the Hindu Marriage Act 1955 seeking grant of permanent alimony and maintenance.

Kindly contact us for any further details and action.

LawRato LawRato

507 votes

It is tragic to hear what you have been going through. It's important that you prioritize your safety and well-being. Here are some steps you can consider taking:

1. Counselling and support services: Reach out to organizations, NGOs, or helplines that provide support to survivors of domestic violence. They can offer counselling, emotional support, and guidance on legal options. Some organizations also provide shelter and safe accommodation for women in need.

2. Medical assistance and documentation: Seek medical assistance for any injuries you have sustained. Medical professionals can provide treatment, document your injuries, and issue medical certificates that can be used as evidence in legal proceedings.

3. Protection under the DV Act: The Protection of Women from Domestic Violence Act, 2005, provides protection and remedies to women facing domestic violence. It defines domestic violence broadly to include physical, sexual, verbal, emotional, and economic abuse. You can file a complaint under this Act and seek remedies such as protection orders, residence orders, or monetary relief. If you fear for your safety, you can approach the court to obtain a protection order under this Act. This can prohibit your husband from contacting or approaching you, and he may be required to stay a certain distance away from you.

4. Prosecution under IPC: Since you have experienced sexual abuse or physical violence, you can also consider filing an FIR with the police under Section 498A Indian Penal Code, 1860 which prescribes punishment for the offence of cruelty. Provide the authorities with any evidence you have, such as medical records, photographs of injuries, or video recordings. They can initiate an investigation and take appropriate legal action against your husband.

5. Civil action for nullity/dissolution of marriage: If at the time of the marriage, either party is incapable of consummating the marriage due to impotence, it can be a valid ground for seeking a decree of nullity. If you have evidence to establish that your husband was impotent at the time of the marriage and it prevented the consummation of the marriage, you may consider filing a petition for a decree of nullity under Section 12(1)(a) of the Hindu Marriage Act, 1955. Basis your circumstances, you can also seek divorce from your husband on the ground of cruelty under Section 13(1)(ia) of the Act. In your main petition claiming nullity of marriage on ground of impotency, or dissolution of marriage on ground of cruelty, you can also seek an ancillary relief of permanent alimony wherein you can ask for a lump sum payment of maintenance.

It will be worthwhile for you to know that if the wife seeks a divorce or nullity as the case may be and can demonstrate a need for financial support, the court may consider awarding maintenance to her from the husband. This is done to ensure that the financial interests of both parties are adequately addressed, especially when there is a significant disparity in their respective financial situations.

Advocate Siddhant Sharma LawRato

130 votes

The judge can grant a divorce if tests show that your spouse cannot have sex, or if they refuse to take the test. However, the judge can not require your spouse to receive treatment. The judge is the only one who can decide whether to award alimony and maintenance. Section 25 of HMA refers to monthly maintenance or lifetime maintenance.

Advocate Chikirsha Mohanty LawRato