GERARD PINTO MARIADAS Vs. LOURDES SELVAPRIYA

JUDGEMENT

(1.) THIS civil revision petition is filed against the order dated 13.11.2008 passed in I.A.317 of 2008 in MOP 37 of 2007 by the Additional District Court, Pondicherry. Inveighing the order dated 13.11.2008 passed in I.A.317 of 2008 in MOP 37 of 2007 by the Additional District Court, Pondicherry, this civil revision petition is focused.

(2.) THE long and the short and epitome of the relevant facts, which are absolutely necessary and germane for the disposal of this civil revision petition would run thus:- THE revision petitioner herein filed MOP No,37 of 2007 before the Additional District Court, Pondicherry, seeking divorce under Section 231 of the French Code Civil. While so, the respondent-wife entered appearance and filed counter. She also filed the I.A.No,317 of 2008 with the following prayer:- -'to direct the respondent/petitioner to undergo a medical check up before the Medical Board in Pondicherry Govt. General Hospital and file the report before this Court." THE main ground on which the wife sought for the husband's medical check up is to find out as to whether the husband is sexually potent or not, as according to the wife, the rift in the matrimonial relationship emerged only due to the alleged impotency of husband. THE lower Court, after hearing both sides allowed the I.A. and directed the husband to subject himself to the medical check up. Being disconcerted and aggrieved by the said order, this civil revision petition is focused on various grounds, inter alia thus: THE order of the lower Court was passed without application of mind on the part of the learned Judge. No reason has been found set out in the order and it is a non-speaking order. THE wife is bent upon harassing the petitioner, as she had already lodged a complaint as against the husband with the police. Only during enquiry, the truth will come to limelight. Instead of resorting to enquiry, the Court simply allowed the application.

(3.) WHEN the factual matrix is such, I could see no reason on the part of the husband to shy away from medical check up. Above all, the husband, by subjecting himself to medical check up would not in any way prejudiced. In fact, as observed by me above, if really he is potent, his case would be strengthened. There is no point in going on adducing ad nauseam oral evidence relating to potency or otherwise of the husband. Only the medical check up would enable the Court to arrive at a correct and firm conclusion relating to potency or otherwise of the husband. Hence, I could see no infirmity in the order passed by the lower Court.