The wife alleged that her husband was impotent and refused to cohabit and establish a physical relationship
Raipur: The Chhattisgarh high court has said that a woman cannot be forced to undergo a virginity test, holding that it violates her fundamental right to dignity.
The bench of Justice Arvind Kumar Verma dismissed a plea by a man seeking virginity test for his wife, calling his request 'unconstitutional.
The court rather suggested him to undergo necessary medical examinations to refute the allegations of impotence leveled against him by her wife.
The case relates to a couple hailing from Raigarh in Chhattisgarh who got separated barely a few months after their marriage in April, 2023 following marital discord.
In July, 2024, the wife moved the local family court seeking Rs 20,000 per month as interim maintenance.
The wife alleged that her husband was impotent and refused to cohabit and establish a physical relationship.
The husband in counter allegation accused his wife of having an extramarital affair with her brother-in-law and sought her virginity test.
The family court however rejected the husband’s plea and ordered him to provide maintenance to his wife.
The husband however moved the high court challenging the family court’s order and sought a virginity test for his wife.
Rejecting his plea, the high court observed that “It is the violation of fundamental right guaranteed under Article 21. It has to be borne in mind that Article 21 is the heart of fundamental rights. Moreover, it is a basic right of a female to be treated with decency and proper dignity and virginity test is a violation of it”.
The court advised the husband that, instead of seeking a virginity test for his wife, he could undergo necessary medical examinations to deny allegations of impotence.
