The Supreme Court of India addressed a matrimonial dispute between Deep Mukerjee and Sreyashi Banerjee. The appeal arose from a High Court order that overturned a Trial Court's directive for medical tests on both parties in a divorce case. The husband, accused of impotency, voluntarily sought a potentiality test to refute the claims, while the wife opposed all medical examinations. The Supreme Court ruled that the husband's willingness to undergo the test justified the reinstatement of the Trial Court's order, but it upheld the wife's refusal to undergo fertility and mental health tests.

Background:

The case revolves around a matrimonial dispute where Deep Mukerjee filed for restitution of conjugal rights, while his wife, Sreyashi Banerjee, sought a divorce on the grounds of non-consummation due to alleged impotency of the husband. The couple, who married in 2013, lived abroad for 7½ years before returning to India, where marital discord led to their separation in April 2021.

Trial Court's Order:

In response to the wife's divorce petition, the husband requested medical tests for both parties to substantiate his claim of potentiality and question the wife's mental health. The Trial Court, on June 27, 2023, ordered a medical board to conduct these tests, with results to be kept confidential.

High Court's Reversal:

The wife challenged the Trial Court's order, leading to the High Court's ruling on November 28, 2023, which annulled the entire order, citing the wife’s unwillingness to undergo the tests and raising concerns about the conduct of both parties.

Supreme Court's Judgment:

Upon appeal, the Supreme Court partially overturned the High Court's decision, reinstating the husband's potentiality test while exempting the wife from any compelled medical examinations. The Court emphasized that the High Court's focus on the parties' conduct was irrelevant to the legal issue at hand, which centered on the validity of the Trial Court's order. The tests are to be conducted within a specified timeline, with results submitted to the court confidentially.