The Orissa High Court has directed a man to undergo a potency test whose spouse is seeking divorce on the ground of his alleged impotency.
The couple is currently locked in a legal battle at the Khurda family court, which had earlier directed the man to appear before the medical Board for his potency test. The married man had later challenged it in the High Court.
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The counsel of the petitioner (man) submitted that neither his wife has pleaded nor has led to any evidence to the effect that the petitioner is impotent, but as an abundant precaution, he has also proved his potency by getting himself examined by a doctor of the AIIMS, Bhubaneswar and, therefore, there is no need to undergo any further potency test.
The counsel for the wife, however, emphatically submitted that the potency test as produced by the petitioner (husband) is a fake one and has not been done in accordance with the provisions of medical rules and, therefore, the same cannot be relied upon.
“In the circumstances and after going through the impugned order, this Court does not find any error apparent in the impugned order directing the Petitioner-husband to undergo another round of potency test which will clarify not only to the Court, but also the parties about the issue involved in the matter in as much as the wife has filed divorce petition on the ground of impotency of the husband”, Single Bench of High Court, Justice G Satapathy ordered while dismissing the petitioner’s plea.
