seeking the decree of nullity of
marriage on the ground of impotency of the petitioner and the
consequent non-consummation of the marriage ... seeking a
direction to the petitioner to subject himself to the impotency
test for ascertaining his physical fitness for conjugal relationship.
The Family Court
INSPECTOR, WOMEN P.S., MYSURU CITY,
SUMMONING THE PETITIONER TO UNDERGO IMPOTENCE
TEST WITH OUT ANY COURT ORDER IN ANNEXURE-A
WHICH IS ILLEGAL ARBITRARY
petitioner will be unwarranted. In
fact the petitioner underwent for
impotency test and when found that the
petitioner is not impotent then he is
bound ... incompetent to perform the
matrimonial obligations and he is an impotent. Though
impotency is not a ground set up by the respondent-wife
Addl. Bengaluru to
direct the respondent to undergo medical
examination of impotency test ... months in MC
3129/2023 based on the outcome of
impotency test by granting nullity of marriage
vide Annexure E and Annexure
defendant-respondent to undergo test is concerned, the Trial Court has directed the defendant to undergo potency test at the hands of Head of Urologist ... defendant should be subjected to medical test or the plaintiff also should be subjected to identical test. It is to be noticed that the specific
investigated on these points.
44. To find out the alleged relationship mere test
(potentiality) of the accused is not sufficient and it
proves the accused ... case where the accused claims he is suffering from
impotency. Even for conducting the said test, also court
permission is required in the present case
alleged that the
respondent was impotent and the son born to him from his first
marriage was a test tube baby. He submits that ... stating that he was impotent
and the son born to him from his first wife was a test tube
baby. The appellant in her statement
impotent and in the absence of the same, the Family
Court was not justified in arriving at the conclusion that
the appellant was impotent ... ready and willing to undergo any medical test to
disprove the allegation of impotency, the respondent had
not made any application before the court requesting
alleged that the
respondent was impotent and the son born to him from his first
marriage was a test tube baby. He submits that ... stating that he was impotent
and the son born to him from his first wife was a test tube
baby. The appellant in her statement
respondent that the
appellant herein is an impotent and he has to undergo a
medical test to prove that he is capable of performing ... medical field to test the
potency of the husband. When the respondent contends
that the appellant is impotent, her contention that she is
still willing
