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Can husband challenge the accusation


06-Aug-2025 (In Divorce Law)
I have accused my husband as impotent and legal seperation is under process.he was not tested for potency yet.i need to know if he can challenge me to undergo any tests as a wife just because I accused him.is it allowed in law?.are there any cases in the past?
Answers (4)

Answer #1
606 votes
Under Indian matrimonial law, mear acquisition of importance, does not automatically give your husband the right to compel you to undergo medical tests. such compulsion is only possible if the Court deems necessary. For adjudication of the matter and passes a judicial order.. Your bodily autonomy and right to privacy are protected under article 21 of the constitution .
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Advocate Pavani Kumari

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Answer #2
709 votes
No, your husband cannot force you to undergo medical tests just because you accused him of impotence. Under Indian law, no one can be compelled to undergo a medical test without their consent, especially in personal matters like potency or fertility. However, you accused him of impotence, the burden may shift to him to prove otherwise—he can volunteer for a medical examination to disprove your claim. Courts may consider such evidence, but you, as the wife, cannot be forced to undergo any medical examination unless you yourself raise a medical issue about yourself.
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Advocate Jaya Prakash

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Answer #3
706 votes
Under Indian law, a medical test can only be ordered by the court if it is relevant to the issues in dispute and necessary for a fair decision. There is no automatic right for your husband to compel you to undergo potency/fertility tests merely because you alleged his impotence. Courts have held in cases like Sharda v. Dharmpal (2003) that medical examination can be directed only when justified and not as a matter of routine. You may contest such a request if made.
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Advocate Mrudhula Jahnavi

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Answer #4
559 votes
In matrimonial disputes, when one spouse alleges impotence, the court may order medical examination of the husband to verify potency, as seen in cases like Sharda v. Dharmpal (2003) 4 SCC 493, where the Supreme Court held that courts can direct medical tests if allegations involve physical condition. However, your husband cannot legally force you to undergo medical tests merely because you accused him—unless he raises specific counter-allegations directly concerning your health or conduct, which the court finds relevant. Courts balance such directions with your right to privacy and dignity.
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Advocate Sujith Kuchipudi

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LawRatoRajahmundry | 50+ Answers
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