Potency test of husband not an intrusion: Hyderabad HC
February 25, 2017The Hyderabad High Court has ruled that ordering a husband to undergo a potency test for erectile dysfunctioning in matrimonial disputes by the court cannot be considered as interfering into the privacy of the individual or infringing on fundamental right.
The court gave this decision while dismissing two separate criminal revision petitions, wherein the petitioners sought to set aside the orders passed by the Sessions Courts allowing the police to conduct a potency test against them, after they were accused in different dowry and cheating cases.
The petitioners have been accused of cheating on their wives by suppressing the fact of their impotency. The wives of the petitioners and their parents have alleged that the marriages were not even consummated because of the impotency of the petitioners.
Further, the parents of the petitioners alleged that though they paid huge amounts as dowry, the petitioners subjected their daughters to mental and physical torture demanding more dowries from them.
The petitioners have contended that since the police had already filed charge sheets, there was no requirement of taking such tests. Conducting such tests would amount to intruding into the personal life and meddling with fundamental liberty that go against the petitioner’s wish.
They also contended that all the allegations were baseless and made to damage their reputation. Non–consummation of marriage by itself does not amount to impotency.
The prosecution contended that the order of the lower revision courts is well within its scope of law and the same is necessary for effective adjudication of the case.
The judge pointed out that status of petitioners potency has to be tested by the investigating agency when charges of cheating made against them as part of the investigation of the accusation.
OUR TAKE
The decision made by the Hyderabad HC is justified in order to prove the impotency charges made against the petitioners. The potency test is required considering the legal procedures, so as to clear all the points of doubt. If the petitioners are so sure about their stand, they must not shy away from the test. There are lots of such cases were in the parties go through such medical tests in order to reach the conclusions related o the matter.
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