Bhopal, Madhya Pradesh: The Madhya Pradesh High Court recently dismissed a husband’s petition seeking medical examination of his wife to prove that she had refused to have a sexual relationship with him.

The court, while noting that denial of sex is not a ground for divorce, said that the husband’s plea for medical examination was nothing but a demand for the virginity test of the wife, albeit couched in different words.

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In the order issued on January 21, Justice Vivek Jain said that the state of the hymen of a woman cannot be used as evidence to decide whether a woman has ever had sexual intercourse.

The court observed, “The recent judicial trend is heavily against conducting a virginity test of a woman and even otherwise, it is medically well settled that even after sexual intercourse, hymen may remain intact in some rare cases, and on the other hand, hymen may be damaged even without sexual intercourse upon any other physical activity and, therefore, presence or absence of hymen, would not be a determinative factor to infer that whether there has been sexual intercourse with the respondent ever or not.”

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