Bhopal (Madhya Pradesh): High Court, principal bench of Jabalpur, has turned down a petition filed by a man who sought a virginity test of his wife. Justice Vivek Jain passed the order.
As per HC order, court does not find any substance in plea made by petitioner-husband to subject respondent-wife to medical examination, as said examination would be nothing but a virginity test and would amount to invasion of privacy of an individual.
Court observed that such examination is not relevant for purpose of divorce. Refusal to enter into sexual intercourse by itself is not a ground for divorce and petitioner can adduce other evidence to prove alleged disinclination of wife to enter into sexual relations, as stated in divorce petition.
Virginity test or “two-finger test” of wife would neither be relevant nor conclusive for purposes of divorce petition and would amount to invasion of privacy, the court said.
Petitioner had filed divorce petition on ground that wife refused to enter into sexual relationship and that it amounted to cruelty. Wife, however, raised defence that she was in fact subjected to sodomy by petitioner-husband.
A counter-allegation was made by respondent-wife that petitioner-husband committed sodomy on her and, therefore, she be subjected to medical examination to ascertain whether she had ever entered into sexual relationship with anybody and whether she had been subjected to sodomy or anal intercourse at any point of time.
