The Supreme Court (SC), yesterday 7th April, allowed a man’s plea to undergo a potency test after his wife alleged that their marriage not consummated. Justices Vikram Nath and Prashant Kumar Mishra modified the Madras High Court’s ruling, specifying that the test would be conducted based on the man’s willingness. This decision follows a legal battle initiated by the wife, seeking clarification regarding the consummation of their marriage. The case highlights the court’s consideration of medical evidence in marital disputes, emphasizing individual consent for such tests.
New Delhi: The Supreme Court granted permission for a man to undergo a medical examination after his wife filed for divorce over seven and a half years into their marriage, claiming that their marriage unconsummated due to his impotence.
A bench consisting of Justices Vikram Nath and Prashant Kumar Mishra altered the ruling of the Madras High Court, specifying the man to undergo the test based on his consent. The wife initiated divorce proceedings, prompting the man to request a potency test for himself along with fertility and psychological tests for her.
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The trial court granted the man’s request, but the High Court overturned the trial court’s decision.
The bench stated,
“In permitting the wife’s revision petitions, the High Court failed to provide a clear rationale for why the husband should not undergo a potency test.”
During proceedings in the Supreme Court, the wife’s legal representative argued that if she is unwilling to undergo any tests, including fertility examinations or mental health assessments, she should not be forced to do so.
In its order dated April 5th, the Supreme Court observed that instead of addressing these arguments, the High Court emphasized the behavior of the parties, which was irrelevant to determining the validity of the trial court’s order.
The bench stated,
“Given the circumstances of the case, we are convinced that since the appellant/husband has expressed readiness to undergo a potency test, the High Court should have upheld the trial court’s order in this regard.”
The court instructed that the test should be carried out according to the trial court’s instructions within four weeks, and the report should be submitted within two weeks thereafter.
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After their wedding in Chennai on July 23, 2013, the couple moved to the United Kingdom where they lived together happily for seven and a half years. However, upon returning to their home country, conflicts arose, leading to their separation in April 2021.
The husband initiated the process for marriage restitution by submitting an application under Section 9 of the Hindu Marriage Act, 1955 to the Family Court in Chennai.
Later, the wife sought a divorce under Section 13(1)(ia) of the same Act, citing the non-consummation of the marriage due to the husband’s impotence.
The husband, in response, expressed willingness to undergo a potency test and also requested a referral for fertility, psychological, and mental health evaluations for both parties.
The trial court approved these requests and directed the Dean of Rajiv Gandhi Government General Hospital, Chennai, to establish a qualified medical board to conduct these tests, with the board’s report to be submitted to the court in a sealed cover through the advocate commissioner.