Test now to verify potency in 2017 not legal: Bombay HC

MUMBAI: Bombay HC has refused to direct a potency test on a man eight years after his marriage, observing that advancing age would affect the test. It quashed a family court order that had allowed his wife's plea.
"...allowing medical exam after a period of eight years to ascertain whether the husband was impotent in 2017 will not be proper and legal," said Justice Madhav Jamdar on March 10.
The couple married in June 2017 but stayed together for only 17 days. In October 2017, the wife sought nullity of marriage under the Hindu Marriage Act, citing non-consummation due to her husband's impotence. She also requested his medical examination.
Since experts were unavailable at Satara Civil Hospital, the judge in May 2019 directed Pune's Sassoon Hospital to examine the husband. The hospital's August 2019 report, later submitted to the family court, found no evidence that he was incapable of sexual intercourse.
The high court referred to the report, noting the husband was examined by multiple experts. It observed that conducting a potency test so many years later would not be appropriate.
"It is well established that aging changes the sexual behaviour and sexual response may become slower and less intense. In any case, advancing age will affect the medical test," the HC noted.