IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-03-2026 CORAM THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI and C.M.P.No.5895 of 2026 Kuppusamy, S/o. Marigounder, Kanjanaickenpatty Village and Post, Omalur Taluk, Salem District.

..Petitioner Vs.

Rosi alias Nirosha W/o. Kuppusamy, Door No.5/232, Thimmasi Valavu, Periya Sooragai, Mettur Taluk, Salem District.

..Respondent This Civil Revision Petition has been filed under Article 227 of the Constitution of India praying to allow this Civil Revision Petition by setting aside the dismissal order dated 08.01.2026 passed in I.A.No.5 of 2025 in H.M.O.P.No.89 of 2013 by the Sub Court, Mettur and consequently, directing to conduct medical test to test the virginity of the respondent.

For Petitioner : Mr.T.Ganesan

ORDER

The present Civil Revision Petition has been filed by the petitioner praying to set aside the Order dated 08.01.2026 in I.A.No.5 of 2025 in H.M.O.P.No.89 of 2013 passed by the learned Sub Judge, Mettur and to pass an order directing to conduct medical examination to test the virginity of respondent.

2. The brief facts of the case are that petitioner and respondent are husband and wife. Their marriage was held on 18.06.2007 at Kanjanaickenpatty Village in the presence of their family elders. The respondent/wife had filed a Petition in H.M.O.P.No.89 of 2013 under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 before the Sub Court, Mettur seeking divorce to dissolve the marriage held between petitioner/husband and respondent/wife on the grounds of cruelty and impotency of petitioner/husband. During the pendency of H.M.O.P.No.89 of 2013, petitioner/husband had filed an Interlocutory Application in I.A.No.43 of 2015 in H.M.O.P.No.89 of 2013 before the Sub Court, Mettur, praying to conduct a medical examination of petitioner/husband and respondent/wife, but, the said application came to be dismissed on 02.09.2016. Challenging the said dismissal order dated 02.09.2016, petitioner/husband filed a Civil Revision Petition in C.R.P.(PD) No.193 of 2017 before this Court. The said Civil Revision Petition was disposed of by this Court vide Order dated 08.11.2021. The operative portion of the Order dated 08.11.2021 in C.R.P.(PD) No.193 of 2017 reads as follows:

“8. The impugned order passed in I.A.No.43 of 2015 dated

02.09.2016 by the Sub Court, Mettur is set aside and the matter is remitted back to the Trial Court with a direction to appoint Advocate Commissioner as Mediator to conduct medical examination with regard to the potency test of the petitioner and also with regard to virginity test of the respondent after issuing notice to the parties and submit the Report. On receipt of the report, the Trial Court is directed to dispose of main H.M.O.P.No.89 of 2013 on merits in accordance with law as expeditiously as possible.

9. With the above direction, this Civil Revision Petition is allowed. No costs.”

3. After the aforesaid order of this Court, the Trial Court appointed an Advocate Commissioner as a Mediator to conduct medical examination with regard to potency of petitioner/husband as well as virginity of respondent/wife, pursuant to which, petitioner/husband and respondent/wife were subjected to medical examination and their medical reports were submitted before the Court by the Advocate Commissioner. However, the medical report of respondent/wife does not reveal anything about the virginity of respondent/wife. Therefore, petitioner/husband had filed an Interlocutory Application in I.A.No.5 of 2025 in H.M.O.P.No.89 of 2013 before the Sub Court, Mettur praying that respondent/wife may be subjected to medical examination and a report may be obtained as to whether she is virgin. However, the learned Sub Judge, Mettur has dismissed I.A.No.5 of 2025 in H.M.O.P.No.89 of 2013 vide Order dated 08.01.2026. Aggrieved by the same, petitioner/husband has filed this Civil Revision Petition.

4. The learned counsel for petitioner/husband submitted that pursuant to the Order dated 08.11.2021 in C.R.P.(PD)