Law4u - Made in India

Can a person seek a divorce if their spouse is impotent?

21-Jan-2024
Divorce

Answer By law4u team

Under Section 12(1)(a) of the Hindu Marriage Act, 1955, impotence is recognized as a valid ground for seeking the annulment of marriage. Here are some key points related to seeking divorce on the grounds of impotence in India: Legal Provisions: Section 12(1)(a) of the Hindu Marriage Act, 1955, specifically mentions that a marriage can be voidable and may be annulled on the ground that the respondent (spouse) was impotent at the time of the marriage and continues to be so. Conditions for Annulment: The impotence should exist at the time of the marriage. The impotence should continue to persist when the petition for annulment is filed. Filing a Petition: The spouse seeking divorce on the grounds of impotence can file a petition in the appropriate family court. The petitioner needs to provide evidence to support the claim of impotence. Medical Examination: In cases of impotence, the court may order a medical examination of the respondent to determine the validity of the claim. Medical evidence is often crucial in establishing impotence. Voidable Marriage: If the court finds that the conditions for annulment are met, it declares the marriage as voidable. This means that the marriage is considered valid until annulled by the court. Legal Assistance: It is advisable to seek legal advice and assistance from a qualified family law attorney. The attorney can guide the petitioner through the legal process, help gather necessary evidence, and represent them in court. It's important to note that legal procedures and requirements may vary, and this information specifically pertains to the Hindu Marriage Act. If you are part of a different religious or personal law, the provisions may differ. Consulting with a legal professional is crucial for accurate advice based on the specific circumstances of your case.

Divorce Verified Advocates

Get expert legal advice instantly.

Advocate Advocate Bhupendra Kumar

Advocate Advocate Bhupendra Kumar

Anticipatory Bail, Child Custody, Cheque Bounce, Consumer Court, Criminal, Cyber Crime, Divorce, High Court, Family, Domestic Violence, Muslim Law, R.T.I, Recovery, Property, Supreme Court, Insurance, Breach of Contract

Get Advice
Advocate Ashish Kumar Pandey

Advocate Ashish Kumar Pandey

Cheque Bounce, Civil, Divorce, Domestic Violence, Family, Property, Revenue

Get Advice
Advocate S Karthik

Advocate S Karthik

Cheque Bounce, Civil, Consumer Court, Banking & Finance, Divorce, Domestic Violence, Landlord & Tenant, Motor Accident, Succession Certificate, Criminal

Get Advice
Advocate Vikas Madhikar

Advocate Vikas Madhikar

Anticipatory Bail, Cheque Bounce, Child Custody, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Medical Negligence, Motor Accident, Succession Certificate

Get Advice
Advocate Sanjay Jharne

Advocate Sanjay Jharne

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, NCLT, Property

Get Advice
Advocate M P Tade

Advocate M P Tade

Cheque Bounce, High Court, Divorce, Criminal, Court Marriage

Get Advice
Advocate Bhuvnesh Bhardwaj

Advocate Bhuvnesh Bhardwaj

Cheque Bounce, Child Custody, Criminal, Divorce, Domestic Violence

Get Advice
Advocate Akhlendra Pratap Singh Advocate High Court Allahabad

Advocate Akhlendra Pratap Singh Advocate High Court Allahabad

Anticipatory Bail, Armed Forces Tribunal, Cheque Bounce, Consumer Court, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Recovery, Succession Certificate, Revenue

Get Advice
Advocate debojyoti Das

Advocate debojyoti Das

Breach of Contract,Civil,Court Marriage,Criminal,Divorce,Family,High Court,Property,R.T.I,Recovery,Succession Certificate,Consumer Court,

Get Advice
Advocate Vadde Urukundu

Advocate Vadde Urukundu

Anticipatory Bail, Civil, Criminal, Cyber Crime, Divorce

Get Advice

Divorce Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.