so long as the person is not cured of the communicable venereal disease or impotency, the RIGHT to marry cannot be enforced through a a court of law and shall be treated to be a "SUSPENDED RIGHT".
The contention of the learned counsel that every young man or, for that matter, a woman, has a right to marry cannot be accepted in the absolute terms in which it is being contended. Having regard to the age and the biological needs, a person may have a right to marry but this right is not without a duty. If that person is suffering from any communicable venereal disease or is impotent so that marriage would be a complete failure or that his wife would seek divorce from him on that ground, that person is under a moral, as also legal duty, to inform the woman with whom the marriage is proposed that he was not physically healthy and that he was suffering from a disease which was likely to be communicated to her. In this situation, the right to marry and duty to inform about his ailment are vested in the same person. It is a right in respect of which a corresponding duty cannot be claimed as against some other person. Such a right, for these reasons also, would be an exception to the general rule that every "RIGHT" has a correlative "Duty." Moreover, so long as the person is not cured of the communicable venereal disease or impotency, the RIGHT to marry cannot be enforced through a a court of law and shall be treated to be a "SUSPENDED RIGHT".
https://www.lawweb.in/2012/12/so-long-as-person-is-not-cured-of.html
Supreme Court of India
Mr 'X' vs Hospital 'Z' on 21 September, 1998
Equivalent citations: AIR 1999 SC 495, JT 1998 (7) SC 626, 1998 (6) SCALE 230
