The Chhattisgarh High Court has rejected a husband’s plea for a virginity test of his wife in a maintenance dispute, ruling that such a request violates a woman’s fundamental right to dignity and is unconstitutional.
Justice Arvind Kumar Verma, presiding over Criminal Revision No. 16 of 2025, dismissed the petition filed to challenge the Family Court’s decision denying an interim application for a virginity test during pending proceedings under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
The case stems from an ongoing maintenance claim filed on July 2, 2024, before the Family Court in Raigarh (Cr.M.J.C. No. F 102/2024), seeking ₹20,000 per month as interim maintenance.
Background of the Case
The couple were married on April 30, 2023, following Hindu customs. However, the marital relationship deteriorated quickly. According to court records, the wife informed her family that the husband was impotent and refused to cohabit or establish a physical relationship. In retaliation, the husband alleged that the wife had an illicit affair with her brother-in-law and moved the Family Court seeking a virginity test to prove his claim that no sexual relationship had occurred between them.
The petitioner was represented by Advocate Mr. Aniket Verma, while the respondent appeared in person.
Legal Issues and Observations
The High Court focused on whether compelling a woman to undergo a virginity test violates her rights under Article 21 of the Constitution of India, which guarantees the right to life and personal liberty, including the right to live with dignity.
Justice Verma referred to two key precedents:
- State of Jharkhand v. Shailendra Kumar Rai, (2022) 14 SCC 299, where the Supreme Court held that conducting a “two-finger test” in sexual assault cases amounts to misconduct.
- Sr. Sephy v. CBI & Others, Delhi High Court (2023), which declared the virginity test of a female accused unconstitutional and a breach of dignity.
Quoting from the judgment, the Court held:
“The contention of the petitioner to conduct the virginity test of the respondent/wife is declared unconstitutional and in violation of Article 21 of the Constitution which includes the right to dignity of the woman.”
The judge further stated:
“It is the violation of fundamental right guaranteed under Article 21. It has to be borne in mind that Article 21 is the ‘heart of fundamental rights’. Moreover, it is a basic right of a female to be treated with decency and proper dignity and virginity test is a violation of it.”
The Court advised that if the petitioner wanted to refute allegations of impotence, he could do so by undergoing a medical examination himself or producing other admissible evidence, instead of violating the respondent’s rights.
Court’s Conclusion
The High Court upheld the Family Court’s rejection of the application, observing that:
“Granting the permission for virginity test of the respondent would be against her fundamental rights, the cardinal principles of natural justice and secret modesty of a female.”
With this, the Court dismissed the revision petition on merits, reaffirming that personal liberty and dignity are non-derogable constitutional rights.
