Mumbai: In a matrimonial dispute, the
police today made a statement before the Bombay High Court
that they would not insist on potency test on the husband.
Accepting the statement on record, a bench of Justice
Ajay Khanvilkar and Justice U D Salvi disposed of a petition
seeking a direction to the state and police not to insist on
The couple, Ajay and Jamuna (names changed to conceal
identity) married on March 24, 1988, and after 11 years Jamuna
filed a police complaint under section 498 A IPC alleging
cruelty on the ground that her husband was impotent.
Ajay was arrested on January 5 this year and granted
bail by Additional Chief Metropolitan Magistrate a week
thereafter subject to certain conditions.
However, in July, the state applied for modification
of bail condition to change the day of attendance from
Sunday to Tuesday for conducting potency test of the accused.
The Magistrate modified the order to the extent of
changing the day of attendance from Sunday to Tuesday but did
not change other conditions. In the earlier order, there was
no mention of the court allowing potency test of the accused.
Despite this the police took Ajay to Nair hospital
for conducting potency and psychiatry tests. Being aggrieved,
the petitioner moved the High Court saying the action of
police violated human rights and his right to dignity. He said
non-consummation of marriage does not amount to cruelty as per
the scope and purview of section 498 A IPC.