Test now to verify potency in 2017 not authorized: Bombay HC | India News

MUMBAI: Bombay HC has refused to direct a potency check on a person eight years after his marriage, observing that advancing age would have an effect on the check. It quashed a household courtroom order that had allowed his spouse’s plea.
“…allowing medical exam after a period of eight years to ascertain whether the husband was impotent in 2017 will not be proper and legal,” stated Justice Madhav Jamdar on March 10.
The couple married in June 2017 however stayed collectively for under 17 days. In October 2017, the spouse sought nullity of marriage below the Hindu Marriage Act, citing non-consummation due to her husband’s impotence. She additionally requested his medical examination.
Since consultants had been unavailable at Satara Civil Hospital, the decide in May 2019 directed Pune’s Sassoon Hospital to study the husband. The hospital’s August 2019 report, later submitted to the household courtroom, discovered no proof that he was incapable of sexual activity.
The excessive courtroom referred to the report, noting the husband was examined by a number of consultants. It noticed that conducting a potency check so a few years later would not be applicable.
“It is well established that aging changes the sexual behaviour and sexual response may become slower and less intense. In any case, advancing age will affect the medical test,” the HC famous.