Divorce -- Refusal to Sex --Virginity or Two-Finger Test Violates Right to Privacy and Not Relevant for Divorce Proceedings
A virginity or two-finger test violates an individual's right to privacy and is neither relevant nor conclusive for divorce proceedings. Refusal to enter into sexual intercourse is not a ground for divorce under Section 13 of the Hindu Marriage Act, 1955, nor does it render a marriage void or voidable under Sections 11 and 12. It is medically well-settled that even after sexual intercourse, the hymen may remain intact in some rare cases, and conversely, the hymen may be damaged without sexual intercourse upon any other physical activity. Presence or absence of the hymen is not a determinative factor.
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