JINSHA JAGANATH Vs. ASHWIN PRAKASH

JUDGEMENT

(1.) The respondent/wife, in O.P.No.474/2017 before the Family Court, Kozhikode is challenging an order passed against her by the learned Judge of Family Court on 14.3.2018 in I.A.No.944/2018, directing her to undergo virginity test sought at the request of her husband, who is the original petitioner before that court.

(2.) Husband/respondent herein sought conjugal company of her by invoking Section 9 of the Hindu Marriage Act in the O.P. complaining that he was deprived of his right to company, by her willful withdrawal for no good reasons. But the petitioner/wife opposed the prayer for conjugal company on the ground that the respondent did not maintain a happy marital life with her, both mentally and physically. He refused to share sex with her and did not even have sexual intercourse till date. According to her, he requires proper counselling as well as medical treatment, if any to persuade him to lead a happy marital life.

(3.) In order to show the allegations levelled against him to be false and unfounded, the respondent sought through I.A.No.944/2018 an order directing the petitioner to undergo virginity test, which according to him, will reveal the true sexual relationship that existed between the parties. According to him, she did not conceive for her own gynac reasons as revealed from the scanning to which she was subjected to at the Aspire Fertility Centre, Bangalore on 18.6.2016.