HAMSA S Vs. SHAILENDRA KUMAR B

JUDGEMENT

(1.) The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.

(2.) In this petition under Article 227 of the Constitution of India, the petitioner inter alia has assailed the validity of the order dated 16.02.2019 passed by the Family Court by which the application filed by the petitioner under Order 26 Rule 10 read with Section 151 of the Code of Civil Procedure, 1908 to refer the respondent to medical examination has been allowed.

(3.) The facts giving rise to filing of the writ petition briefly stated are that admittedly, the respondent has filed the petition seeking dissolution of marriage on the ground of mental cruelty. It is averred in the petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act' for short) that the petitioner used abusive language and used to insult the relatives of the respondent including the respondent during her stay in the matrimonial home. During the course of her cross-examination, the petitioner stated that she is a virgin. Thereafter, an application under Order 26 Rule 10 read with Section 151 of the Code was filed to refer the petitioner to verginity test. The aforesaid application has been allowed by the impugned order dated 16.02.2019.