Court can not direct wife to undergo virginity test
Coming to the other question as to whether the petitioner is entitled to have the respondent medically examined for the purpose of establishing the virginity. The question involved in this Civil Revision Petition is a very delicate one, especially as it relates to the physical status of a fair s*x. But as the petitioner is none other than her own husband, we cannot throw it out at the threshold itself, as it could have been done if the request or the prayer is from a third party unconnected with the proceedings. We have already indicated that the issue involved in this case is that whether the marriage was consummated or not. It is no doubt true that the examination of the kind required will certainly prove the status of the woman/respondent, one way or the other. But it is not the only method by which the petitioner can prove that the marriage was out of volition and not on account of duress and cheating. It is admitted by the petitioner himself that they were living together as husband and wife at Devar Colony, 1st Cross Thillainagar, Trichy, till 10-1-1992 after the marriage on 14-12-1991. It is asserted that they were living happily. To decide whether the marriage was contracted out of volition or by duress the status of the respondent after the marriage may not be very essential. It is of course true that it will add to the defence of the petitioner, but at the same time when we consider the registration of the marriage, the qualification, namely, B.Com., and the age at the time of the marriage i.e., 24 years, the burden will be heavily upon the respondent to prove the
