Getting annulment in an Indian Marriage

Getting an annulment based on Impotency

Under English law, either a husband or wife can sue for a decree of nullity of the marriage on the ground of impotency. In India, a petition for getting an annulment can be filed only by the non-impotent spouse. Example: If Tom and Mary are married and Mary is impotent, the marriage annulment as per Indian matrimonial laws require Tom to file a petition. Under English law, either Tom or Mary can file a petition for annulment of marriage.

Proof of Impotency Essential for Getting an annulment

Typically, when a petition for annulment of marriage is filed on the ground of impotency, it becomes necessary for the alleged impotent spouse to undergo medical examination. 

Suppose the spouse refuses to cooperate with the medical examination, the Court has the power to draw adverse conclusion of this conduct and relate it against the alleged spouse.  This also means that medical inspection is not an absolutely critical step to get an annulment.

Other interesting facts about marriage annulment based on impotency as a ground for divorce in India:

1.  Medical examination of a woman should not be ordered unless the court is convinced that it is absolutely in the interest of justice.
2.  Notice of medical inspection must be given to the spouse who has to undergo it.
3. The appointment of the members of the Medical Board rests with the court and the spouses can select them. If there is strong disagreement between the spouses, each spouse may be allowed to nominate one member or even two. However, it is not essential that both spouses should be examined by the same Members.
4. The report filed by the Medical Board does not have to be treated as conclusive.
5.  No party can be compelled to undergo medical examination.