In a recent ruling, the Madras High Court rejected a husband’s plea seeking medical examination of his wife’s hormonal imbalance, menstruation and genitals. He had claimed that the marriage should be seen as “null” and “void” and that his wife seems “unfit” for a happy marital life.
The court stepped in to declare that hormonal imbalance and irregular periods, both interlinked often, cannot be seen as a woman’s impotency or inability to have sexual intercourse.
Madras HC set aside the order of a Family court, which had allowed the examination to be conducted. However, Madras HC held that since the wife herself was admitting that she has hormonal imbalance, there was no need for her to be subjected to medical examination, against her will.
The wife claimed that this was being asked of her, to hurt her self-esteem. “To subject the revision petitioner for medical examination and that too for examining her genitals, would only affect her self-esteem,” said the single-judge.
It was the husband who had moved the court seeking an annulment of the marriage. He alleged that his wife was unfit for marital life and refused to consummate the marriage. However, she explained that it was he, who refused to do so. She alleged that they both consulted a doctor and while her reports were accessed, he refused to get his sperm count checked due to his insecurities.
The court’s order reads, “Even persons who are fit for sexual relationship and have active physical relationship may not conceive immediately for the reasons not known. Only when the couples understand themselves and obtain medical opinion and follow the advise of the doctors, the problem can be resolved. Here is the case where the couples throw allegations on each other that the other party is not active for consummation of the marriage.”
It added that seeking an annulment on the grounds of hormonal imbalance is not entertained. Madras HC’s order said, “Had the respondent filed a petition for dissolution of marriage by alleging mental cruelty due to non-cooperation of the revision petitioner for having an active sexual life, it would have been a different situation. But, on the allegations of the hormonal imbalance and irregular periods, the respondent has filed the petition to annul the marriage by stating that it is void.”