Mumbai: In a matrimonial dispute, the
police on Monday told the Bombay High Court that they will 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) married
on March 24, 1988, and after 11 years Jamuna filed a police
complaint alleging cruelty on the ground that her husband was
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 a hospital for
conducting potency and psychiatry tests. Later, he 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 under which his wife had filed a complaint.