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8. In regard to the first aspect, the lower Court itself had found, as we have shady said that the marriage of the petitioner with the respondent has not been consummated and that the petitioner has remained a virgin. This finding is also disputed by Sri Triambaka Rao Deshmukh learned counsel for the respondent. We are, however. unable to uphold the objection of Sri Deshmukh. The evidence on record, particularly the medical evidence, Is adequate to show that the petitioner remained a virgin till the time she was examined by the doctor That examination took place long after the petition was filed and at the instance of the petitioner herself. The Court referred the petitioner medical examination to an experienced gynecologist who has been examined as PW 3. She is well qualified because she has obtained not only the diploma DGO but also the post-graduate degree M. D. In her evidence she found the following salient features in the petition. (1) External genitals well developed, healthy, not sagging. (2) Hymeneal orifice is very small about 1 c.m. diameter. Hymen edge is smooth No saggedness and is firm. (3) Orifice admits tip of little finger with great difficulty. She stated that she had issued the certificate Ex A-3. wherein she had stated these features and expressed the opinion that the petitioner was a virgin. The same opinion she repeated in her evidence as well. In the cross-examination it was brought out that hymen was not situated very deep. The hymen orifice has got one opening. An elastic and fleshy hymen may not be ruptured at the first act of coitus. But a firm hymen ruptures at the first act of coitus.
In the case of the petitioner there was no rupture. She examined the breasts and found them to be well developed. All the points she had noted together point out that the petitioner was a virgin.
9. Modi in his Medical Jurisprudence and Toxicology 19th edition at page 310 says this:
"Normally the hymen is ruptured by the first act Of coitus. though it may persist even after frequent acts of coitus if it happens to be loose, folded and elastic or thick, tough and fleshy"
But the Doctor here has pointed out that the hymen edge was smooth and there was no saggedness but was firm and a firm hymen ruptures at the first set of coitus. She was positive in saying that them was no rupture on the hymen. At page 312 Modi further points out that the intactness of the hymen was always held to signify the physical virginity of a woman.
"If in a woman with an intact hymen, the edges of the membrane are distinct and regular, with an orifice of mall dimension, which allows the terminal phalanx of a finger to penetrated the hymen is well stretched, all the presumptions are in favour of true virginity or in other words, all the Presumptions; are in favour of non-penetration of the penis into the vagina. On the other hand, if in a woman who has an intact hymen, the hymeneal orifice lets one, two or more fingers pass through easily, one can conclude that the woman can most certainly be virgin, but also that a body of the size of the penis in erection could perfectly well pass through the hymeneal orifice without rupturing it once or several times." Going by these bests which PW 3, the doctor, has carefully followed it is found that the hymen was intact. Its orifice is very small and that it admits of even the tip of a little finger with greet difficulty. The orifice has no saggedness but is firm There was no rupture on the orifice. When a firm hymen ruptures at the first act of coitus and when the petitioner's orifice was firm and there was no rupture on it, the opinion expressed by the doctor appears to be unexceptionable We, therefore, agree with the trial Court in coming to the conclusion that the petitioner remained virgin till after the filing of the petition, This would necessarily mean that her marriage was not consummated.