“PCOS Can’t Be Termed As Impotency,” Rules Madras HC After Husband Seeks Marriage Annulment

Polycystic Ovary Syndrome (PCOS/PSOS) is a hormonal disorder affecting women due to genetic and environmental factors. It can cause menstrual irregularity, acne, obesity and excess hair growth. Recently, a man filed a petition for a marriage annulment in court saying that due to his wife’s PCOS, her menstrual cycle extends for 25 days and she can’t give birth to a child. The woman approached Madras High Court and disputed the petition calling her impotent.

According to Yahoo News, Justice V Bhavani Subbaroyan observed,

“The issue of ‘PSOS’, which is now commonly prevailing among the present generation of women due to various habits, such as, mental stress and to a very great extent, the contaminated environment, in which we live, is also one of the cause for particular women, who develop this physical problem. The term ‘PSOS’ by itself cannot be termed as ‘impotency’. Impotency is different and unable to give birth to a child is different, owing to various physical and mental reasons.”

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He added,

“The marriage being a bondage between men and women as husband and wife, it not only limits to a biological needs and desires but also as a companion in life caring forward to the next generation through their children. This bondage is a factor, through which, we are living in this world for centuries.”

“However, the concept of marriage in the present generation are taken very lightly and even for trivial issues, they file divorce and marriage is broken. That is why the Family Courts increase in numbers to cater the demand of intolerant couple, who are unmindful of the institution of marriage, break the relationship on unimaginable trivial reasons.”

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The wife’s petition was eventually dismissed by the court saying that the husband had not termed it ‘impotency’ and having children was a ‘legitimate expectation’.Β Live Law quoted the order saying,

“It is a legitimate expectation of the husband to live with his wife and have cohabitation and bear children and if the same is not achieved owing to any physical and mental problem among the partners, it is quite logical that either of the parties will approach the court for seeking divorce on such allegations”.

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