Medical test of wife in a case of HMA
vinod bansal
(Querist) 11 April 2010
This query is : Resolved
R/Members
I am representing to husband/respondent in a case for declatation of the marriage as null under section 12(1)(A) of HMA.My client is fully potent,in fact wife has taken this false ground only for want of virginity for second marriage,that in fact she is not,i have filed written statement alongwith potency certificate issued by Docs of AIIMS Delhi.Now i want a direction of the court for virginity test of wife,is it permissible under law,kindly enlighten me with case law if available.Thanks Vinod Bansal Advocate Jind
Kiran Kumar
(Expert) 11 April 2010
Vinod there are two aspects involved in your case.
One is if you are able to prove the fact that your client is potent and competent to cohabit the marriage then certainly the wife's claim falls flat and you win the case without proving the allegations being imposed by you....as potency of the husband is core issue.
Second, if there are various other issues involved and medical examination of wife is necessary then I would not advice for the virginity test rather may ask for Potency Test of the wife.
though I am not a medical expert but to the extent I know if the Hymen is found to be ruptured (which could be a possibility in a normal course or it may rupture without sexual intercourse due to various reasons like cycling) do you think she will be declared NOT VIRGIN.
Lets see what other friends advice.
Suryanarayana Tangirala
(Expert) 11 April 2010
Firstly the burden lies on Petitioner/wife,u have already provided enough material before court as stated by u,u can file a petition for medical examination for testing potency at the best,court will not allow so called 'virginity' test even otherwise say if court orders also the expert who has examined and given a report will have to be examined and the same can be confronted with the points raised by Kiran Sir(normal course....)so either way its of no much help.so bank of u r defence which u have already taken rather than trying to conduct the case over looking the other legal aspect involved.
G. ARAVINTHAN
(Expert) 12 April 2010
Suryanarayana is right. When you filed the potent certificate, then wife have to prove her case .. Let her come into box and depose ..
vinod bansal
(Querist) 12 April 2010
Thanks to all respected members,i also thinks so as you advice.you all are absolutely right,virginity test is not a good and practical practice.Regards
n.k.sarin
(Expert) 12 April 2010
Mr.Bansal court can not compel the wife to go for virginity test.Allegation made by the wife in the case,she is liable to prove.
Raj Kumar Makkad
(Expert) 12 April 2010
Defend yourself vigorously rather indulging in the unnecessary "Adngebaji".
I concur with Kiran.
