Indore, February 1: The Madhya Pradesh High Court has dismissed a husband's petition seeking a medical examination of his wife to prove she refused to engage in a s*xual relationship. In a ruling dated January 21, the court categorised the request as a demand for a "virginity test", labeling it an invasive practice that violates a woman's right to privacy and dignity. Justice Vivek Jain, presiding over the case, clarified that the denial of s*x does not constitute an independent ground for divorce under the Hindu Marriage Act.

Invasion of Privacy and Medical Irrelevance

The court observed that the husband's plea was essentially a request for a virginity test, regardless of how it was phrased. Justice Jain noted that the state of a woman's hymen is not a scientifically reliable indicator of her s*xual history. The court also emphasised that subjecting a woman to such an examination is an "invasion of privacy" and serves only to humiliate the individual. Madhya Pradesh HC Imposes INR 40,000 Cost on Chief Information Commissioner for Delay in Disclosing Information on Animal Husbandry Director, Says 'CIO Acted As Govt Agent'.

Legal Grounds for Divorce

The ruling addressed the legal framework of matrimonial disputes, noting that while a refusal to have s*x might be relevant in determining "cruelty", it is not a direct ground for divorce under Section 13 of the Hindu Marriage Act. The court pointed out that the husband had not alleged impotence, which might have necessitated a medical evaluation. Since the divorce was being sought on the grounds of cruelty, the court ruled that the husband could provide other forms of evidence to prove his wife's alleged disinclination toward s*xual relations without resorting to intrusive medical tests. Madhya Pradesh High Court Orders Probe After Trial Court Judge ‘Blindly’ Signs Order Sheet Handwritten by Clerk, Says ‘Conduct of the Trial Court Cannot Be Appreciated’.

Context and Judicial Precedent

This decision aligns with a broader judicial trend in India that heavily deprecates virginity and "two-finger" tests. The High Court cited guidelines from the Ministry of Health and Family Welfare and previous Supreme Court judgments that found such tests to be irrelevant and derogatory. The case originated from a family court where the husband sought divorce citing cruelty, while the wife alleged harassment over dowry demands and accused the husband of sodomy. The family court had previously rejected the medical exam request, a decision the High Court has now upheld.

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(The above story first appeared on LatestLY on Feb 01, 2026 02:44 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).