The Madras High Court in a recent case observed that Polycystic Ovarian Syndrome (PCOS / PSOS) cannot be termed as impotency. During the case proceedings, the judge mentioned that the present generation views marriage very lightly and do not take it seriously.
Thus, they file for divorce for trivial reasons. As a result, there is an increase in the number of divorce cases before the Family Courts.
The High Court made these observations while dealing with a plea moved by a woman to quash an original petition before the family court to annul a marriage.
The woman-petitioner presented in the Court that her husband wanted to annul the marriage on the allegations that she was suffering from PCOS and not fit for cohabitation or giving birth to a child.
The husband also filed an application to invoke Section 12(1) in the Hindu Marriage Act, on the ground that the wife was incapacitated from giving birth to a child.Later, the wife approached the High Court under Article 227 of the Constitution of India requesting to strike off the petition moved by her husband on the ground that the invocation of Section 12 (1) (a) of the Hindu Marriage Act was not sustainable. Her counsel disputed the husband’s purported stance the wife’s PCOS condition made her impotent.
The Court observed that the husband had not termed his wife’s inability to give birth to a child as ‘impotency.’Rather, the Court observed that the husband’s claim was that his wife could not bear a child given that she has not co-operated for cohabitation owing to her medical condition on account of which she was on her menstrual cycle for almost 25 days.
The Court came to a conclusion that no grounds were made out for the intervention of the High Court under Article 227 of the Constitution of India and dismissed the wife’s civil revision petition.