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Husband can be directed to undergo impotency test to ascerta

Husband can be directed to undergo Impotency test to ascertain whether husband is suffering from impotency or not

 
Impotency is one of the grounds for divorce under the provisions of the Hindu Marriage Act, 1955. In Sharada (supra), the Supreme Court held that without proper medical examination, it would be difficult to arrive at a conclusion as to whether the husband is suffering from impotency or not and that if the husband avoids such medical examination on the ground that it violates his right of privacy or personal liberty as enshrined under Article 21 of the Constitution of India, it would become impossible to arrive at the definite conclusion on the impotency or otherwise of the husband. The Supreme Court further held that avoidance of medical examination to ascertain the impotency of the husband may render the very ground on which the divorce is permissible nugatory and that where the legislature has conferred a right upon the spouse to seek divorce on the ground of impotency, it would be right of that spouse which comes in conflict with the so called right to privacy of the husband and that the Court has to reconcile these competing interests by balancing the same. As noted herein above, the very potency certificate issued by Dr. Surender Reddy has come under serious cloud. This event has occurred after the dismissal of I.A.No.222 of 2011. This being a very relevant circumstance, it has become inevitable to subject the petitioner again for further proper medical examination to ascertain the truth or otherwise of the allegation of impotency. If the request of the respondent is rejected, that may render her right to seek divorce on the ground of impotency otiose as held by the Supreme Court in the aforementioned judgment. In the light of these facts, I am of the opinion that the lower Court has not committed any error in reconsidering his earlier view in view of the changed circumstances by directing the petitioner for being subjected to the potency test by a team of experts.


Andhra High Court
Smt. Sreevani @ Vani vs Counsel For Petitioner: Sri ...

Citation;AIR 2013 AP 22

https://www.lawweb.in/2013/06/husband-can-be-directed-to-undergo.html



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 3 Replies

honeey (ma)     08 June 2013

nice informative write-up.

think u r also aware tht like men, women do hv impotency, frigid problems.

like to knw for male counterpart, r there provision for getting divorce on tht basis ?.

Have a Heart Foundation (Sales & Mktng)     09 June 2013

Beniji, jst a thght....

impotency means one cannot have children.. but it does not mean there is no e**ction

in a vice-versa case..

can a husband get divorce if wife in unable to concieve??

Have a Heart Foundation (Sales & Mktng)     10 June 2013

@ Need Justice :\

There is vast difference between impotency and infertility... seems its you who is  confused.

FYI  : Impotency is male related whereas infertility is related to woman.. impotent person can have pe--- phy relation relation but may not result in child birth due to various reasons.. 

however, my Q was specifically to Beniji for opinion, and very simple Q : can a husband get divorce if  a woman cannot conceive?? also needed court judgements if any...

Reason is to Highlight Gender Discrimination in such cases:

althought if man having er..tion.. and is decalared impotent (not resulting in child birth)..women has right to divorce and is granted the same... whereas if a woman is unable to concieve (unable to give birth to child) and husband files divorce.. he may not be granted the same.. as it may amount to mental cruelty to woman..  

it the present case husband had already filed Potency Certificate... still he was suggested to go for tests again... as the SC citied 

"The Supreme Court further held that avoidance of medical examination to ascertain the impotency of the husband may render the very ground on which the divorce is permissible nugatory and that where the legislature has conferred a right upon the spouse to seek divorce on the ground of impotency, it would be right of that spouse which comes in conflict with the so called right to privacy of the husband and that the Court has to reconcile these competing interests by balancing the same."

In any vice-versa case would like to know what view is taken by courts.


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