Concerned over rise in failed marriages due to impotency, the Madras High Court today said government could consider making pre-marital clinical tests mandatory and awarding punishment and compensation for suppression of this condition.
Describing martial discord over sexual problems as "serious" and a "human tragedy" that could be avoided, the Court posed five queries to the Centre and the Tamil Nadu government and directed them to come up with their response.
Justice N Kirubakaran said this in his interim order on a petition filed by a man seeking to quash proceedings pending before the District Social Welfare officer in Theni on a complaint by his wife under the domestic violence act.
The judge also sought to know if the authorities were aware that the failure of marriage due to impotency and frigidity had multiplied.
"Why not the Governments amend the Marriage Act to fast track matrimonial cases filed on the ground of impotency and frigidity and complete them within six months or one year?. The Governments could also think of including provision for awarding Compensation/punishment for suppression of "Impotency/Frigidity," he said.
He also asked the Government about the other steps being contemplated to address the 'serious problem/human tragedy' which could be avoided.
Quoting statistics from the Chennai family court, he said the number of marriages which had failed due to impotency had increased from 88 in 2009 to 715 in 2013.
In the present case, the marriage between the petitioner and his wife, an I.T (M.Sc) graduate, had allegedly failed due to impotency. The woman had filed a complaint against him in the District Social welfare office, though the divorce was pending in the family court.
"In these type of cases, marriages are conducted suppressing the weakness or disability of one of the partners and mostly marriages are conducted to avoid social stigma or at the compulsion of the elders," the judge said.
Stressing that it was an avoidable human tragedy if tests are done in advance, the judge said if this was not checked or prevented, more innocent people would continue to fall victims and many families would be ruined.
"The issue requires urgent attention by discussion as well as preventive measures have to be taken."
The Judge impleaded the Secretaries of Union and Tamil Nadu Health and Family welfare department, Law Commission.
Advocates of the respective Governments took notice on behalf of the governments.
The case has been posted for hearing on Sept 5.
