Skip to main content
Indian Kanoon - Search engine for Indian Law
Document Fragment View
Matching Fragments
"Cases of malformation or structural defects causing disability often arise for consideration under the head of practical impossibility. Either spouse is at liberty to ask for relief under this clause as soon as it is discovered that the other party is incapable of sexual intercourse from any malformation or structural defect or otherwise. Ordinarily and also as a matter of prudence the court will insist on proof of this by medical evidence. It may be questioned whether the court can order physical examination in any case under the present head; but where a husband or wife refuses to submit to such examination the court may properly draw an unfavourable inference. The court, however, is not bound to draw such inference."