Potency Test Approved by Supreme Court in Dispute Over Unconsummated Marriage.
05 April 2024
Divorce Law >> Family Law | Marriage Law >> Family Law
A recent Supreme Court case in India highlights the complexities of divorce proceedings when non-consummation is cited as a reason. The case involved a couple who married in 2013 and lived together in both India and the UK. After separation in 2021, the wife filed for divorce claiming the marriage was never consummated due to the husband's impotency.
The husband contested this allegation and requested a "potentiality test" to medically prove his ability. The trial court initially allowed this test, along with a fertility test and psychological evaluation for the wife. However, the wife challenged this order, and the High Court overturned the potentiality test portion.
The husband then appealed to the Supreme Court, which partially ruled in his favor. The court acknowledged that forcing the wife to undergo any tests would be an invasion of privacy. However, since the husband was willing to undergo the potentiality test, the court allowed it to proceed.
The husband will now undergo the test within a designated timeframe, and the results will be submitted to the court. This case raises questions about the use of such tests in resolving marital disputes. While some view them as a way to get to the truth, others consider them intrusive and potentially humiliating.