N SENTHILKUMAR Vs. V TAMILSELVI

JUDGEMENT

(1.) The Petitioner is husband of the Respondent. Their marriage was solemnised on 9.6.2004 at Thanganayaki Amman Kovil Thirumana Mandapam, Arasur, Palladam Taluk. On account of love lost, they got separated and the Petitioner filed a petition in H.M.O.P. No. 9 of 2007 under Section 13(1)(iii)(a) of the Hindu Marriage Act 1955 for dissolution of Marriage. The Respondent filed counter. Pending the hearing, the Respondent filed an application in I.A. No. 812 of 2007 under Section 24 of the Hindu Marriage Act 1955 for interim maintenance from her husband at the rate of Rs. 4,000/- per month and Rs. 5,000/- towards litigation expenses. Pending the hearing of the said petition, this Petitioner filed an application in I.A. No. 2041 of 2008 under Order XVI Rule 1 and 5 and Section 151 of C.P.C.,1908, praying the court to summon and examine a Psychiatrist or doctor working in the department of Psychiatry at Coimbatore Medical College as witness on his side.

(2.) In the affidavit he has stated that he has filed a petition for dissolution of marriage on the ground that the Respondent has been suffering intermittently from mental disorder. Since the date of marriage, she had not been acting as normal women and her activities were totally abnormal one and she is not for a fit women to lead matrimonial life, that she was taking treatment for the above said disease in Department of Psychiatry, Coimbatore Medical College, Coimbatore and she was admitted there on 18.6.1997 for treatment and till date she is taking medicines, that in the cross examination she has stated that she has not taken any medical examination, that she has been medically treated for her mental disorder and that the examination of the witness viz., Psychiatrist is essential.

(3.) The above petition was resisted by the Respondent by filing counter, wherein she has stated that the Petitioner has filed a petition under Order 32 Rule 15 C.P.C requesting to the Court to send the Respondent to the Medical Expert to ascertain that she is mentally retarded or not. Even the Court may examine her either in the Court or in the chamber about her mental condition, that this Respondent in her cross examination has stated that she is mentally alright and ready to submit for medical examination, that it is mandatory for the Court to conduct enquiry, that in the main petition it is stated that one Doctor Prof.D. Pradeep treated her. But in the present petition is filed for examining Dr. V. Nandhakumar, Assistant Professor, Ward No. 45, Department of Psychiatry, Coimbatore Medical College Hospital, Coimbatore, and the Petitioner is not definite who has given treatment to the Respondent, that this Respondent has taken treatment neither from Dr. Pradeep nor Dr. V. Nandakumar, that she did not see those doctors and that only to torture the Respondent the petition has been filed.