R. SRIVIDHYA Vs. N. DINESH KUMAR

JUDGEMENT

(1.) Heard both sides. The wife is the petitioner in the revision and the husband is the respondent herein. The respondent herein filed O.P. No. 760 of 2013 for a decree annulling his marriage with the petitioner that took place on 09.12.2010 and in the alternative for divorce on the ground of unsoundness of mind of the petitioner herein (wife).

(2.) As per the procedure, admittedly conciliation was made and after three rounds of conciliation the parties were not brought closure to settlement. Meanwhile, the respondent herein/husband filed a petition I.A. No. 327 of 2014, for referring the petitioner herein/wife for medical examination to find out her mental condition. When the said petition was pending, the respondent herein/husband approached this Court with CRP (PD) No. 4186 of 2014, for the speedy disposal of the said petition. This Court, by order dated 07.11.2014, directed the trial Judge viz., the learned I Additional Principal Judge, Family Court, Chennai to dispose of the said IA on merits within 15 days. Thereafter, the learned trial Judge passed an order in the said IA directing the petitioner herein to subject her to medical examination at the Rajiv Gandhi Government Hospital, Chennai. It is as against the said order of the trial Court dated 18.03.2015, the present Civil Revision Petition has been filed.

(3.) Mr. C. Rajan, learned counsel for the petitioner, contends that though the petitioner may not be in a position to argue on merits, he would confine his arguments with regard to the manner in which the learned trial Judge chose to pass the impugned order. According to his submissions, the trial Court, being a Family Court and hence enjoined with the duty to arrange for counselling and also for the personal examination of the parties, ought to have examined the petitioner herein/wife to note the coherency with which she is answering the questions, behaviour during such personal contact and other relevant factors before directing her to appear for medical examination regarding her mental condition.