Divorce due to male impotence
Divorce stemming from male impotence represents a challenging and sensitive issue, particularly from the perspective of women seeking divorce. It involves specific conditions, including the presentation of compelling evidence, such as a forensic medical assessment, along with the drafting and registration of a formal contract and petition to be submitted to the court. Upon payment of the requisite court fees, this petition is transmitted to the family court via judicial electronic service offices.
In civil law, the legislator draws from the principles of Holy Sharia in many aspects related to family and marital affairs, resulting in divorce being primarily considered a unilateral right for men. This implies that men possess the authority to request a certificate of irrevocable irreconcilability from the court whenever they deem it necessary, without requiring a specific justifiable reason. Following the issuance of this certificate, they can proceed to the registrar’s office for divorce without the wife’s presence.
Conversely, for women, the legal landscape is distinct. The legislator has established stringent conditions for women to seek divorce, limiting such cases to exceptional circumstances. To initiate divorce from the woman’s side, she must provide substantiated evidence. One such exceptional circumstance pertains to male impotence, among others. However, if a woman intends to divorce her husband on these grounds, she must adhere to specific criteria, furnish the requisite documentation, and navigate distinct procedures. Consequently, without a comprehensive understanding of these regulations and processes, it can be challenging for a wife to successfully obtain a divorce based on her husband’s sexual impotence.
?Is Divorce Possible Due to Male Impotence
In the civil law of our country, divorce initiated by women is generally not recognized, and the legislator primarily regards divorce as a unilateral right granted to men. Men, if they wish, can authorize women to initiate divorce proceedings on their behalf through a power of attorney. Nevertheless, there is a specific situation in which a woman can obtain a divorce decree, acting as an agent for her husband.
Among the limited exceptional cases that the legislator has envisaged for a wife to seek a divorce decree is a situation where the wife encounters substantial hardship, rendering cohabitation with her husband unbearable. One of the instances of such hardship is male impotence, which encompasses various scenarios such as castration, genital mutilation, premature ejaculation, sexual frigidity, or any condition that significantly impairs one’s ability to engage in sexual relations.
:For clarity, let’s break down some of the specific terms
Anan: Refers to a man’s inability to achieve an erection, thus preventing sexual relations with his wife.
Khasa: Indicates the absence of testicles or castration.
Premature Ejaculation: Involves a person reaching sexual climax sooner than usual, disrupting the possibility of sexual satisfaction for both partners.
In response to the question of whether divorce is possible due to male impotence, the answer is affirmative. If a woman can substantiate that her husband suffers from conditions like Anan, castration, or other forms of sexual impotence, she has the legal right to request the court to issue a divorce decree.
It’s crucial to note that chastity, castration, and penile amputation, which result in sexual impotence, are considered grounds for the annulment of a marriage. However, these circumstances are categorized as immediate defects, meaning that as soon as the woman becomes aware of them, she should promptly initiate proceedings to annul the marriage without delay.
If a woman engages in marital relations with her husband or has sexual intercourse with him in any capacity, even once, and is aware of his condition (such as Anan or castration), failing to take action to annul the marriage results in a forfeiture of her right to annulment. In such cases, she must pursue divorce proceedings, substantiating the presence of hardship and enduring circumstances due to chastity, castration, or other related conditions.
Conditions for Divorce Due to Male Impotence
As previously mentioned, divorce initiated by women, particularly on grounds of male sexual impotence, can be challenging and sensitive. In such cases, a woman may petition the court, citing her hardship resulting from the man’s impotence or similar conditions, as grounds for seeking a divorce decree. However, it’s important to understand the specific conditions that must be met for such a divorce to be granted. In this section, we will elaborate on the conditions for divorce due to conditions like Anan (impotence), Khasa (castration), premature ejaculation, and other forms of impotence.
The first condition for divorce due to male impotence is the woman’s ability to substantiate the impotence claim. To do so, she may request the court to refer the man for a medical examination conducted by specialist doctors in the field of forensic medicine.
The second condition for divorce due to male impotence, whether it’s Anan, Khasa, or another form of impotence, is the payment of divorce fees and the possession of the necessary documentation required for filing a petition seeking a divorce decree on these grounds. These documents and procedures will be explained in detail in the subsequent sections.
It’s worth noting that male impotence or similar conditions can indeed be grounds for divorce due to the hardship and distress they impose on a woman. By proving any of these hardship-inducing conditions, a woman can legally request the court to grant her a divorce decree.
Steps and Procedure for Divorce Due to Male Impotence
Similar to divorce proceedings related to infidelity, divorce based on conditions like Anan (impotence), Khasa (castration), and other forms of male impotence necessitates specific steps and procedures. If a wife is seeking a divorce on grounds of her husband’s impotence, she must follow these outlined steps:
Preparation of a Petition: The wife should prepare a formal petition requesting the issuance of a divorce decree due to the husband’s sexual impotence. She may utilize available sample petitions for this purpose or seek assistance from a legal professional.
Creating a Sana System Account: To initiate the divorce process, the wife must create a user account within the Sana system. This can be done by either visiting judicial service offices in person or accessing the internet address sana.adliran.ir.
Gathering Necessary Documents: Gather essential documents required for filing the divorce petition due to the husband’s sexual impotence. These documents typically include the marriage certificate and the wife’s identity documents.
Submission to Judicial Electronic Service Offices: Visit the judicial electronic service offices to submit the petition along with the necessary documents for registration and forwarding to the appropriate court.
Participation in Divorce Decree Hearings: The wife should actively participate in any court hearings related to the divorce decree based on male impotence.
Registry Office Visit: After the court issues the final divorce decree, the wife, accompanied by divorce witnesses, should visit the marriage and divorce registry offices. This is where the divorce is officially registered, and the divorce form is issued.
It’s important to note that if the court issues a divorce decree, the wife has a six-month window from the date of the final decision to provide the requisite documents. These documents typically include the court order, birth certificate, and the testimony of two male witnesses. These documents should be submitted to the marriage registry and divorce office for the formal registration and issuance of the divorce form.
Essential Documents for Divorce Due to Male Impotence
When a wife intends to file a divorce petition on the grounds of her husband’s sexual impotence or other forms of sexual dysfunction, she must ensure that she possesses the necessary documents for both initiating :the divorce petition and registering and validating the divorce decree. These required documents are outlined below
:Documents for Filing a Divorce Petition Due to Male Impotence and Issuing a Divorce Decree
.Completed Divorce Petition: This petition should be based on existing sample petitions concerning divorce due to male impotence or the presence of other forms of sexual impotence in the husband
.User Credentials for the Sana System: This includes the username and password for the Sana system, which is integral to the divorce process
.Identity Documents: These documents comprise the birth certificate and national identity card
.Marriage Contract Letter or Its Copy: Proof of the marriage contract is essential
Forensic Medical Assessment Report: This report confirms the presence of Anan (impotence), Khasa (castration), or other cases of male impotence. If the woman does not possess this document, she can request .the court to refer her husband for a forensic medical examination within her petition
:Documents Required for Registering and Validating the Divorce Due to Male Impotence
.Final Divorce Decree: This official decree, issued by the court, grants permission to the woman to proceed with the divorce due to the husband’s impotence. It is a crucial document for registering the divorce
.Birth Certificate and Identity Documents: The wife’s birth certificate and identity documents are necessary for the registration process
.Testimonies of Two Adil (Trustworthy) Witnesses: These witnesses must provide their testimonies to validate the divorce
.Having discussed the essential documents for divorce due to male impotence, the subsequent sections will cover the associated costs and provide a sample text for the divorce petition
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