Matrimonial laws – Matrimonial disputes – Medical tests – Potentiality test for husband – Divorce petition by the wife on the ground that the marriage between the parties was not consummated because of the husband’s impotency – Application by husband for subjecting the husband to undergo potentiality test and referring the wife for fertility test and psychological/mental health test for both the parties – Allowed by the trial court, however set aside by the High Court – Correctness:
Held: When the husband is willing to undergo potentiality test, the High Court should have upheld the order of the trial court to that extent – Order passed by the trial court directing the husband to take the medical test to determine his potentiality upheld – Impugned order passed by the High Court modified to that extent – Hindu Marriage Act, 1955 – Evidence Act, 1872. [Para 9]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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