ANNAPOORANI Vs. S.RITESH

JUDGEMENT

(1.) The present Civil Revision Petition has been filed under Article 227 Consitution of India with the prayer to strike off the petition in O.P. 4784 of 2019 on the file of III Additional Family Court, Chennai on the ground that the invocation of Section 12(1)(a) of the Hindu Marriage Act is not sustainable by raising various grounds.

(2.) The present Civil Revision Petition has been filed by the wife as against the petition in O.P.No.4784 of 2019 filed by the respondent / husband before the said Family Court. The respondent / husband has filed the Original Petition before the Family Court against the petitioner / wife herein on the ground that the respondent / wife is suffering from Polycystic Ovarian Syndrome (for brevity 'PSOS') and the respondent / wife was not fit for cohabitation or give birth to a child. Apart from that, he has also raised many other issues, instances as against the wife for seeking declaration declaring that the marriage solemnized on 01.07.2018, which was subsequently registered on the same day, vide SI.No.95 of 2018 before the Marriage Registrar, Joint II, Saidapet, Chennai - 15, as null and void. After filing this petition, the respondent / husband has also filed an I.A. 1 of 2020 seeking for an amendment to include the provision of law from 12(1)(a) and 12(1)(a) and (c). The said petition seeking for amendment is pending before the Family Court for decision.

(3.) Ms.S.P.Arthi, leaned counsel appearing for the petitioner vehemently contended that the petition filed before the Family Court by the respondent / husband cannot be sustained, as the same is pure abuse of process of Law. She would also state that the facts pleaded before the Family Court under Section 12(1)(a) of the Hindu Marriage Act cannot be sustained and ought to be rejected at the threshold. The main strength of the argument put forth by the said counsel is that 'PSOS' disorder is endocrine system disorder that affects the capacity of the reproduction in women and which is totally distinct and different from claiming to be impotence. Having the respondent / husband choose to invoke a petition under Section 12(1)(a) on the ground that the petitioner / wife is incapacitated for giving birth to a child, the respondent / husband also claim that the 'PSOS' is to be impotency and sought the declaration of the marriage that took place between the petitioner and the respondent on 01.07.2018 as null and void.