The judge said the man might be put in a situation where he could face prison if he breached an order, or an undertaking, not to have sex with his wife. He also suggested that such an order would be difficult to police.

“I cannot think of any more obviously fundamental human right than the right of a man to have sex with his wife – and the right of the state to monitor that,” he said. “I think he is entitled to have it properly argued.”