Breaking Supreme Court Legal Update
New Delhi · Friday, 31 July 2026 9888666310 | [email protected]
Free Law — free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2024-04-05 partly_allowed

DEEP MUKERJEE vs SREYASHI BANERJEE

Bench: 2 — Vikram Nath, Prashant Kumar Mishra

In Brief

A husband and wife, married in 2013 and previously residing in the UK, separated in 2021. The husband filed for restitution of conjugal rights under the Hindu Marriage Act; the wife sought divorce alleging his impotency. The husband requested medical testing for potency; the wife opposed. The Trial Court allowed the testing. The High Court set it aside without substantive reasoning. The Supreme Court held that when one party willing undergoes testing on a material issue, the court must decide on merits, not conduct. The Court modified the High Court's order, directing the potentiality test proceed within four weeks with sealed cover confidentiality protections.

The lawyer headnote and full judgment text are available to registered users.

Family Law Matrimonial Law Hindu Marriage Act Divorce Restitution of Conjugal Rights Medical Evidence Impotency Interim Applications Evidence Law Civil Procedure

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login