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Madhya Pradesh HC Refuses Medical Examination of Wife, Holds Virginity Test a Grave Invasion of Privacy
['Himanshi Hans']
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The Madhya Pradesh High Court has refused to interfere with an order of the Family Court rejecting a husband’s plea seeking medical examination of his wife to ascertain her sexual history, holding that such a request would amount to a virginity test and result in a grave invasion of privacy and dignity.
The Court underscored that refusal to engage in sexual relations, by itself, is not a statutory ground for divorce under the Hindu Marriage Act, 1955.
It would be nothing but invasion of privacy", Court held.
On this basis, the husband sought a medical examination of the wife to determine whether she had ever engaged in sexual relations or had been subjected to anal intercourse.
The Court further held that seeking a medical examination to determine whether the wife had ever engaged in sexual activity was, in substance, nothing but a virginity test.