Husband can be directed to undergo Impotency test to ascertain whether husband is suffering from impotency or not
Citation;AIR 2013 AP 22
https://www.lawweb.in/2013/06/husband-can-be-directed-to-undergo.html
Citation;AIR 2013 AP 22
https://www.lawweb.in/2013/06/husband-can-be-directed-to-undergo.html
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.