Where impotency is husband's ploy to claim Divorce

VIJAY UPADHYAY

INDIA (ETAH) 30 Dec. After a four-year marriage a husband is seeking divorce from his wife on grounds of his impotence. Ironically, the wife seems to have no complaints about her husband's sexual competence. In this interesting family drama which came to
light on Sunday, the Etah police has now decided to subject the husband's "apparatus" to a scrutiny by a medical board headed by Etah's Chief Medical Officer on January 3.

According to Senior Superintendent of Police (SSP), Etah, Anand Swaroop, Neelam Dubey, daughter of Agra's Jagdish Upadhyay, married Devendra Dubey, a resident of Soron town in Etah district, in 1995. Immediately following their marriage, Devendra got a job in the local Sant Tulsi Das Inter College as a lecturer in history. In 2000, Devendra threw Neelam out of his house following a minor dispute and refused to accept her back. Not one to be put down thus, Neelam complained to the police as a result of which Devendra had to spend a night in jail.

Soon after coming out of jail, Devendra filed a divorce petition in the court claiming he could not live with his wife any longer as he was suffering from "erectile dysfunction" and that his sexual life was a mess. Talking to The Pioneer, Neelam claimed Devendra had illicit relations with one of his students Seema and the entire story of impotence was a ploy to hide his plans to get married to Seema after securing a divorce from Neelam.

Neelam says when she married Devendra, he was unemployed but soon got a job. She claims that as soon as Devendra got this highly paid job in the local college, his behaviour towards her changed dramatically. One day, when she caught Devendra and Seema in a compromising position, she was severely beaten by her husband. The atrocities, Neelam says, continued unabated to a critical juncture in 1998 when she fell ill. Devendra gave her sulphos tablets instead of the necessary medicine in a plot to get her out of the way. Neelam survived this attempt through timely medical aid.

This harassment peaked in 2000 when Devendra kicked Neelam out of the house and filed a divorce petition in the court pleading he was impotent. Asked if she had detected any "abnormalities" in Devendra's sexual behaviour in the four years of their marriage, Neelam claimed Devendra was a healthy, virile male though she could not explain the couple's inability to bear children even after four years cohabitation.

Neelam has now complained to the Etah SSP to get her marital status reinstated. On Sunday, Devendra and Neelam were called by the Etah SSP to his office where he decided to subject Devendra to the examination by a medical board headed by the Chief Medical Officer to decide if he was indeed suffering from "erectile dysfunction" as he claimed and then decide if their marriage had any hope for compromise.

Legal experts give an altogether different angle to this story. According to Narayan Bhaskar, a senior lawyer practising in the local court, no man can seek divorce on the grounds of his "sexual disability" as it is on the part of the "affected party" to decide if she was willing to live with this man despite this disability or not. In other words, only a wife can claim divorce if her husband is impotent. He said he had studied this case in detail and arrived at the conclusion that the divorce proceeding was not sustainable in court on legal grounds.

(UNITED NEWS NETWORK)





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