The Supreme Court in its recent judgment of CIVIL APPEAL NO. 4722-4723/2024 reiterated that a woman cannot be compelled for an infertility test and a man cannot be stopped from undergoing an impotency test if he is willing to without any cogent reasons.
The parties were couple, nearly 8 years of happy marriage. Some disputes arose between them and after their separation an application was filed by a husband seeking restitution of conjugal rights whereas the wife subsequently filed for divorce on grounds of husband’s impotency. Husband asked to undergo for an impotency and infertility test for her wife and mental test for both parties.
Trial Court allowed the petition but was challenged by the wife in High Court that she is not willing to undergo for any test and she cannot be compelled to do so. The High Court allowed the revision petition but without any cogent reasons. The SLP was filed in the Supreme Court by the husband as to why he was not allowing to go for such tests if he is willing so.
The Supreme Court in its judgment upheld the Trial Court’s judgment to that extent in which the husband can undergo for such test if he is willing so and cannot be stopped without any cogent reasons and the wife cannot be compelled to do so.
Refrence: https://main.sci.gov.in/supremecourt/2024/6634/6634_2024_7_1501_51989_Judgement_05-Apr-2024.pdf
Case Name: Deep Mukherjee v. Shreyashi Banerjee
Name: Ananya Jaiswal, BALLB Hons., Banaras Hindu University, INTERN UNDER LEGAL VIDHIYA.
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