The Andhra Pradesh High Court has observed that a matrimonial court possesses the power to order a person to undergo medical tests even after the marriage was denied.
The Court made this observation in a revision petition filed under Article 227 of the Constitution against the order passed by the Family Court about Section 75E and Section 151 of CPC read with Section 45 of the Indian Evidence Act, 1872 ordering the respondent to undergo a medical examination to determine his status of potency and to give a scientific opinion regarding the potency in respect of consummation of marriage.
A Single-Judge Bench of Justice B.S. Bhanumathi held, “Since, as per the decision of the apex Court in Sharda (1 supra), a matrimonial Court has power to order a person to undergo medical test, it cannot be contended that the relief cannot be granted in the present merely because the marriage was denied. Of course, the petitioner has approached seeking the relief at a belated stage, but that alone cannot be a ground to reject the relief which can be otherwise granted.”
The Bench noted that prima facie evidence to prove the marriage only can be seen and both parties have shown the pleadings, lapses of other side to substantiate one’s version.
Advocate Vivekanad Virupaksha appeared for the petitioner while Advocate V.Surya Kiran Kumar represented the respondent.
In the present case, the petitioner filed main petition for annulment of marriage between the petitioner and the respondent and also for grant of damages/compensation of Rs. 1 crore to the petitioner, besides direction for return of dowry of Rs. 6,00,000/- with interest at 18% per annum from the date of the petition till the date of payment and also for grant of Rs. 1,00,000/- towards marriage expenses and costs of the petition.
If it comes to the professional background, the petitioner had worked as a Medical Officer in the Government Hospital while the respondent was a former MLA of Kodumur and was presently associated to a political party and active as a politician.
According to the petitioner, the marriage of the petitioner with the respondent took place in 2016 and the marriage was not consummated owing to the impotency of the respondent. Further, the petitioner alleged the misbehavior of the respondent viz.., physical harassment of her and demand of an additional dowry, besides dowry in cash and gold ornaments already given. After hearing both parties, the Trial Court rejected the petition aggrieved by which the petitioner approached the High Court.
The High Court in the above regard observed, “to secure all that material evidence to enable the Court to decide the matter on merits, by imposing some terms, the trial court ought to have allowed the petition, but it failed to exercise its jurisdiction.”
Subsequently, the Court directed the Trial Court to decide the hospital to which the respondent caourt be referred.
The High Court thus, allowed the civil revision petition and set aside the order of the Family Court.
News Source: https://www.verdictum.in/court-updates/high-courts/matrimonial-court-power-order-person-medical-test-after-marriage-denied-andhra-pradesh-hc-1493955
