D KOTHANDARAMAN Vs. R KALAIARASI

JUDGEMENT

(1.) The Respondent/Husband in O.P. 429 of 2009 on the file of the II Additional Family Court, Chennai, is the Revision Petitioner. The Respondent herein filed the above O.P. No. 729 of 2009 for divorce on the ground of cruelty and in that case, she filed I.A. No. 3004 of 2010 to direct the Husband, the Petitioner herein to subject himself to examination by an Medical Expert in psychiatry by sending him to the Director of Institute of Mental Health, Kilpauk, Chennai or any other related science such as Andrologist and that Petition was allowed by the Court below and aggrieved by the same, this Revision is filed.

(2.) Mr. J.R.K. Bhavanantham, the learned Counsel for the Revision Petitioner submitted that the Court below without properly appreciating the grounds on which the Petition was filed by the Respondent/Wife for divorce and without properly appreciating the personal liberty of the Petitioner, erred in allowing the Application filed by the Respondent/Wife herein and therefore, the Order is liable to be set aside.

(3.) The learned Counsel further submitted that in the Petition filed by the Respondent/Wife, she only Complained act of cruelty by the Petitioner and his mother and no allegation has been made against the Petitioner about his mental capacity or physical inability or physical disability and therefore, in the absence of any such allegation in the Petition, the Court below ought not to have entertained the Application filed by the Respondent.