Wife Need Not Be Subjected To Virginity Test Merely Because She Sought Divorce On The Ground Of Non Consummation Of Marriage: Calcutta HC [Read Judgment]

LIVELAW NEWS NETWORK

23 Jun 2019 12:24 PM IST

  • Wife Need Not Be Subjected To Virginity Test Merely Because She Sought Divorce On The Ground Of Non Consummation Of Marriage: Calcutta HC [Read Judgment]

    "The contention raised by the husband that since the wife made an allegation that the marriage was not consummated she should be subjected to virginity test cannot be accepted, particularly, when it is undisputed that the marriage took place on 30th November, 2006."

    The Calcutta High Court observed merely because the wife, in her divorce petition, made an allegation that the marriage was not consummated, she need not be subjected to virginity test.Justice Sahidullah Munshi upheld a trial court order, which had upheld a wife's plea to conduct potency test of the husband and rejected the latter's plea seeking virginity test. In this case, the wife...

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