In a recent judgment the Madras High Court has observed that hormonal imbalance or irregular periods would not amount to impotency of a woman and would not mean that she is unfit to have sex. The matter was between Natchal vs. V Chokkalingam [CRP (PD) No. 942 of 2022] and was presided over by Hon’ble Ms. Justice R.N. Manjula.
FACTS OF THE CASE:
A civil revision petition was filed by the wife against whom the respondent husband had filed a petition to declare their marriage null and void. A medical examination on the petitioner was ordered to ascertain whether she had taken treatment for her health issues. While the pendency of the annulment proceedings, the said petition for the medical examination was allowed. Aggrieved by the same, the petitioner has filed the revision petition.
Both parties have leveled accusations against the other that they didn’t cooperate together to consummate the marriage. The revision petitioner had been ordered by the Family Court to have her genitalia examined as well as other tests for irregular periods and hormone imbalance.
JUDGMENT:
The hon’ble judge concluded that it was unnecessary to subject the lady to a medical examination since she had already acknowledged to having a hormonal imbalance and provided information of the gynecologist’s examination. Moreover, for these kinds of allegations, it would have been better if the learned Trial Judge had ordered for medical examination of both the parties. The Hormonal imbalance or irregular menstruation of the women, cannot be considered as female impotency or she is unfit to have sex.
Instead of ordering the revision petitioner alone to undergo a medical examination in order to confirm the admitted facts about hormonal imbalance and irregular periods, the court gave the Family Court liberty to pass appropriate orders while taking into account the evidence on file after noting that the main petition itself was in the stage of issuing orders.
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JUDGMENT REVIEWED BY ADITI PRIYADARSHI
