REVAMMA Vs. SHANTHAPPA

JUDGEMENT

(1.) Respondent has filed M C.No.18 of 1969 in the Court of the District Judge, Bangalore under the Hindu Marriage Act. An application I.A. No.17 was filed alleging that the petitioner in this revision application is impotent and therefore a direction should be issued to the petitioner to subject herself to medical examination by the Lady Doctor of either St. Martha's Hospital, Bangalore or any other premier Hospital in Bangalore for the purpose of ascertaining whether she is impotent and physically unfit for conjugal relationship. In support of the application affidavit has been filed and it is alleged therein that the only material issue that arises for consideration is, whether the petitioner in this revision application is impotent and unfit for conjugal relationship and whether, as alleped by the respondent in this revision application, it is a physiological factor and should be found out by the medical examination and the result of such medical examination would clinch the issue. Objections were filed to this application, contending that she had subjected herself once at the instance of the respondent and it was certified that she is a normal woman fit for conjugal relationship as wife. It was also submitted that even otherwise, it is not open to the Court to order such medical examination, as the burden of proving the issue is upon the husband.

(2.) The learned District Judge considered that application and has stated as follows:

(3.) The short question is as to whether it is open to the Court to compel a person to undergo medical examination. The learned Advocate for the respondent submitted that this was an application filed under S.151 CPC. and to meet the ends of justice, it was necessary to have the petitioner medically examined by a competent authority. The learned Advocate placed reliance upon the judgment of the High Court of Calcutta in Birendra Kumar Biswas v. Hemlata Biswas, AIR 1921 Cal. 459, 464, it has been stated by Mookerjee, ACJ., as follows: