R P ULAGANAMBI Vs. K C LOGANAYAKI

JUDGEMENT

(1.) Criminal Miscellaneous Petition No. 7268 of 1984 is filed under S. 482, Cr. P.C. by one R. P. Ulaganambi, the respondent in M. C. No. 36 of 1984, which is an application filed under S. 125, Cr. P.C. by the respondent herein, on the file of the Chief Metropolitan Magistrate, Egmore, Madras. The relief prayed for in this petition is for a direction to the respondent to undergo medical examination to ascertain whether she is suffering from venereal disease, a circumstance which will go in support of the case of the petitioner that the respondent is living in adultery and as such she is not entitled to maintenance.

(2.) The averments made in the affidavit filed in support of the application are as follows : - The petitioner is contesting the maintenance petition on the ground that the respondent is leading an adulterous way of life and due to her waywardly life she got sexually transmitted disease which is otherwise known as Venereal Disease. The petitioner has very reliable information that even today the respondent is suffering from the said disease in an acute manner. The very way the respondent walks in and walks out from the Court Hall coupled with the state of her physical condition the petitioner has sincere doubts about her good health and the petitioner has no doubt that she is suffering from the said disease. The real fact in issue in the case pending before the Chief Judicial Magistrate is whether the respondent is leading an immoral life or not. A report of the medical examiner is relevant in such a case under S. 14 of the Evidence Act. Under the said section facts relating to the existence and state of body or bodily feeling would be relevant when the same is in issue and is relevant. Hence the respondent will have to be examined by a doctor and the petitioner is ready to meet the expenses. If the respondent intends to protect her interest she can have a doctor of her choice and whose expenditure also the petitioner is willing to incur.

(3.) In the affidavit filed by the respondent herein in Crl. M.P. No. 3458 of 1985 the following averments are made : - The respondent had been examined and her entire evidence had been recorded by the Chief Metropolitan Magistrate in M.C. No. 36 of 1984. The petitioner had imputed adultery against the respondent in his counter-affidavit filed before the Chief Metropolitan Magistrate, Egmore, Madras, but he had not raised this plea of adultery against the respondent in his cross-examination. When the petitioner was called upon by the Chief Metropolitan Magistrate to examine himself or any other witness on his side the petitioner without letting evidence had filed the above petition to drag on the proceedings and delay the granting of maintenance to the respondent. The averments made in the affidavit filed in support of the application are all false. The respondent is ready to submit herself for medical examination as prayed for by the petitioner and to prove her innocence. The respondent has no means of livelihood to maintain herself and she will be put to difficulty if the above petition is not taken up for final disposal at an early date.