Demanding Virginity Test in Divorce Case Violates Women's Dignity

The Chhattisgarh High Court ruled that demanding a virginity test for a wife violates her dignity and is unconstitutional. The court dismissed the husband's demand for the test and upheld the decision of the lower court.

Details of the case reveal that a couple got married in Raigarh, Chhattisgarh, on April 30, 2023. However, the wife filed for divorce, claiming that her husband was impotent and unable to perform his duties as a husband. She also demanded a monthly alimony of Rs 20,000. In response, the husband accused her of having an extramarital affair with his brother-in-law and stated that these allegations were made solely to seek a divorce.

To prove her accusations were false, the husband demanded a virginity test to be conducted on his wife. The lower court rejected his request, and he appealed to the High Court. The High Court, in its ruling, stated that the allegations made by the husband were baseless, and he had no right to demand such a test. The court emphasized that doubts about the wife’s dignity should not be raised and that medical tests or any other evidence should not be used to cover up his flaws. It reinforced the point that a woman’s dignity is protected under the Constitution, and such demands violate her fundamental rights.