My husband’s case is being heard in the trial court under Section 12 1(a) regarding impotency. The court ordered a potency test at AIIMS Delhi. The doctors’ report states he doesn’t have erectile dysfunction and is capable of sexual intercourse under normal conditions. However, they also mentioned psychological reasons for non-performance, as often seen in marital issues, can’t be ruled out. Given this report, can I still seek annulment of our marriage? Please provide me with guidance and a relevant answer.

Apni Law
Apni Law
Law Forum › Category: Divorce › My husband’s case is being heard in the trial court under Section 12 1(a) regarding impotency. The court ordered a potency test at AIIMS Delhi. The doctors’ report states he doesn’t have erectile dysfunction and is capable of sexual intercourse under normal conditions. However, they also mentioned psychological reasons for non-performance, as often seen in marital issues, can’t be ruled out. Given this report, can I still seek annulment of our marriage? Please provide me with guidance and a relevant answer.
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Apni Law Staff asked 2 years ago

My husband’s case is being heard in the trial court under Section 12 1(a) regarding impotency. The court ordered a potency test at AIIMS Delhi. The doctors’ report states he doesn’t have erectile dysfunction and is capable of sexual intercourse under normal conditions. However, they also mentioned psychological reasons for non-performance, as often seen in marital issues, can’t be ruled out. Given this report, can I still seek annulment of our marriage? Please provide me with guidance and a relevant answer.

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Apni Law Staff answered 2 years ago

The court will consider the medical report, but the mention of psychological factors opens the door for further investigation. You may still seek annulment based on the psychological aspect, but the burden of proof rests on you to demonstrate that the psychological reasons were present at the time of marriage and significantly hindered marital consummation. You should consult with a lawyer specializing in family law to explore your legal options and build a strong case.

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