Wife’s refusal to have sex not grounds for virginity test, says HC

Bhopal (The Uttam Hindu) – The Madhya Pradesh High Court has dismissed a petition seeking a medical examination of his wife. The husband had sought a medical examination to prove that his wife had denied having sex with him.

In an order dated January 21, Justice Vivek Jain clearly stated that the purpose of such a petition is to conduct a so-called virginity test on the wife, which is not only improper but also legally unacceptable, reports Bar & Bench. The court said that the condition of a woman's hymen cannot be a basis for proving whether she has ever had sexual intercourse.

The High Court stated in its order that the current judicial approach is completely against testing women's virginity. Medical science also recognizes that in many cases, the hymen can remain intact even after sexual intercourse, while other physical activities can also damage the hymen without sexual intercourse. Therefore, the mere presence or absence of the hymen cannot prove the relationship between a husband and wife.

The family court's decision was approved.

Previously, the husband had accused his wife of cruelty in the family court, claiming that refusing to have physical relations constituted cruelty. The wife had made serious allegations of dowry harassment and unnatural sex by her husband. Last month, the family court had refused to order a medical examination.

Upholding the Family Court's decision, the High Court made it clear that such medical examinations are against the dignity and rights of women. This court decision is being considered an important step towards protecting women's rights.