Hormonal imbalance or irregular menstruation cannot be considered as female impotency: Madras High Court

The Madras High Court recently set aside an order of a trial court which allowed a husband's petition seeking a medical examination of his wife to examine her hormonal imbalance, irregular menstruation and genitals..Justice RN Manjula noted that when the wife had already explained that the marriage was not consummated due to the husband's non-cooperation, the order for medical examination was not proper. "To subject the revision petitioner for medical examination and that too for examining her genitals, would only affect her self esteem," said the single-judge..The husband had moved the trial court seeking annulment of the parties' marriage claiming that his wife was unfit for marital life, did not cooperate to have sex and refused to consummate the marriage. He submitted that she did not cooperate due to hormonal imbalance caused by irregular periods. It was his contention that she had cheated him by not disclosing this condition. .In this background, the trial court had called for a medical examination of the wife.The wife challenged this on the ground that the examination to ascertain whether she had taken treatment for her health issues was beyond the scope of the original petition.She added that the respondent husband also refused a medical examination and himself felt insecure, but blamed her for his inability..Considering the facts, the Court said that it would have been better if the trial judge had ordered both parties to have a medical exam."The hormonal imbalance or irregular menstruation of the women, cannot be considered as female impotency or she is unfit to have sex," the judge observed. Further, it was pointed out that since the wife had already stated those facts in her affidavit, it was unnecessary to subject her to a court-ordered medical examination. The Court noted that if the husband had filed a petition for dissolution of marriage alleging mental cruelty due to non co-operation for having an active sex life, it would have been different..Therefore, finding that the trial was at the stage of pronouncement of judgment, the Court asked the trial judge to pass orders relying on the evidence available instead of directing the wife alone to go for medical examination in order to confirm the admitted facts about hormonal imbalance and irregular periods..Advocate V Vijayakumar represented the petitioner, while the respondent was represented by Advocate S Sithirai Anandan..[Read Order]