K P PADMAVATHY Vs. N VARADARAJAN

JUDGEMENT

(1.) (Prayer: Civil Revision Petition filed under Article 227 of Constitution of India against the fair and decretal order dated 14.10.2008 passed in H.M.O.P.No.43 of 2007 on the file of Court of the Principal Subordinate Judge, Gobichettipalayam, Erode District.) The petitioner is wife of respondent. Their marriage was solemnised on 5.9.2005 at Bannari Amman Temple. Both of them are registered medical practitioners even at the time of marriage. The petitioner was working at Sathyamangalam Primary Health Centre and also running a private clinic at P. Puliampatti and the respondent was at Chennai and running a clinic at Royapuram. They have no issues.

(2.) IN the original petition, the petitioner has graphically narrated the events which took place on the first night itself and on subsequent occasions and as per her version she has been continuously facing much difficulties in having sexual relationship with the respondent and in fact those days during which she lived with him were painful and it constitutes the grounds of cruelty and impotency for seeking the relief of annulling the marriage between them or in the alternative dissolving the same by a decree of divorce.

(3.) IN the Counter, the petitioner also expressed her willingness to submit herself to any test relating to her virginity and that the respondent has to be examined by an Urologist and that too in a Post Graduate INstitution along with a team of doctors which includes a psychiatrist, Gynaecologist and a general physician. But the District Medical Officer is not competent person to conduct the test and that there should be adequate facilities for pharmacological tests. Any report given by a doctor on mere physical examination and appearance cannot have any basis for determining potency of the respondent and the report should give the state of penis with its length and mid shaft girth while flaccid and erect and status of erection with its capacity for penetration. To decide the status of erection the intracavenous pressure at the height of erection has to be assessed by means of PIPE test. For proper investigation in the absence of PIPE test Rigi scan monitor, PICP test (for penile intra Corporeal pressure) and DDPU test (Duplex Doppler penile Ultrasound) have to be conducted to give a scientific opinion regarding potency. Such facilities are not available in the Erode Government Hospital. She has welcomed his decision to submit himself for medical test to find out his potency. She prays the Court that her husband be directed to be examined by a team doctors consisting Urologist, Psychiatrist, Gynaecologist and a general physician in an institution having scientific facilities for the tests and that a Gynaecologist in the same institute may be directed to examine the petitioner regarding her virginity.