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Synopsis

The Madras High Court had held that a woman's hormonal imbalance or irregular periods do not constitute impotency and do not preclude her from having sex.

Justice RN Manjula was hearing a revision petition filed by a woman against the trial court’s order directing her medical examination on her husband’s plea declaring the marriage null and void for non-consummation.

Court noted that both the parties made allegations against each other that the other party had not cooperated to consummate the marriage and the Family Court ordered the petitioner to have her genitals examined, as well as other tests related to her irregular period.

The court opined that it would have been preferable if the Family court had ordered a medical examination of both parties in light of these allegations. Female impotency or unfitness to have sex cannot be attributed to hormonal imbalance or irregular menstruation in women.

Court added that the Family Court has the authority to issue appropriate orders based on the evidence on file rather than directing the woman petitioner to undergo a medical examination to confirm the admitted facts about hormonal imbalance and irregular periods.

Court also noted that the irregular menstruation was admitted by the petitioner herself and it was needless to say that hormonal imbalance is linked to irregular menstruation.

Court further added that the petitioner had gone to a gynecologist and got herself examined, and had already stated those facts in her counter. As a result, it was unnecessary to subject her to a medical examination on the Family Court's order, Court opined.

Furthermore, the Court observed that when the woman herself admitted to the non-consummation of marriage and the reason for it is the respondent's lack of cooperation, subjecting her to medical examination of her genitals, would only affect her “self-esteem”.

Case Title: Natchal v. V. Chokkalingam