Hormonal Imbalance/ Irregular Menstruation Of Women Cannot Be Considered As Female Impotency: Madras High Court
The Madras High Court has held that hormonal imbalance or irregular periods would not amount to impotency of a woman and would not mean that she is unfit to have sex. Justice RN Manjula observed thus while hearing a revision petition against a Family Court's order directing a woman's medical examination on her husband's plea for annulment of marriage citing non-consummation.The bench held...
The Madras High Court has held that hormonal imbalance or irregular periods would not amount to impotency of a woman and would not mean that she is unfit to have sex.
Justice RN Manjula observed thus while hearing a revision petition against a Family Court's order directing a woman's medical examination on her husband's plea for annulment of marriage citing non-consummation.
The bench held that when the woman herself had admitted the fact of her hormonal imbalance and details of examination by a gynecologist, it was unnecessary to subject her to medical examination.
It added that if the respondent-husband had filed a petition for dissolution of marriage by alleging mental cruelty due to non co-operation of his wife/ revision petitioner for having an active sexual life, it would have been a different situation. However, he had sought an annulment on the allegations of hormonal imbalance and irregular periods.
It is to be noted that the fact about the irregular menstruation was admitted by the revision petitioner herself. It is needless to say that the hormonal imbalance is associated with irregular menstruation. The revision petitioner herself has already gone to a gynaecologist and got examined and stated about those facts in her counter. Hence, it is unnecessary to ask her to subject to medical examination on the order of the Court.
The court also criticized the trial court order where the judge had put the burden on the woman/revision petitioner to prove that she was fit to have sexual relations and to conceive a child. The court also explained that even persons who were fit to have sexual relations may not conceive children.
Even persons who are fit for sexual relationship and have active physical relationship may not conceive immediately for the reasons not known. Only when the couples understand themselves and obtain medical opinion and follow the advise of the doctors, the problem can be resolved. Here is the case where the couples throw allegations on each other that the other party is not active for consummation of the marriage.
In the present case, both the parties had made allegations against each other that the opposite party had not cooperated to consummate the marriage. The Family Court had directed the revision petitioner to undergo examination of her genitals along with other examinations connected to irregular periods and hormonal imbalance.
The High Court noted that when these kinds of allegations are made, it would have been appropriate to order a medical examination of both parties. Here, the revision petitioner had herself gone to a gynecologist and got herself examined and when she had already stated such facts in her counter, subjecting her to medical examination was unnecessary and would only affect her self-esteem.
Observing that the main petition itself was in the stage of pronouncing orders, the court gave liberty to the Family Court to pass appropriate orders taking into account the evidence available on record instead of directing the revision petitioner alone to go for medical examination in order to confirm the admitted facts about hormonal imbalance and irregular periods.
Also read Madras High Court's judgment holding that the issue of 'PSOS' in women by itself cannot be termed as impotence.
Case Title: Natchal vs. V Chokkalingam
Case No: CRP (PD) No. 942 of 2022
Citation: 2022 LiveLaw (Mad) 344
Counsel for the Petitioner: Mr.V.Vijayakumar
Counsel for the Respondents: Mr.S.Sithirai Anandan