ANAPARTHY UDAYAKUMARI Vs. ANAPARTHY PRAKASA RAO

JUDGEMENT

(1.) THIS revision arises out of the order of the learned Subordinate Judge, Tanuku directing the petitioner to undergo an examination by a Medical expert and a Gynecologist. The facts may be briefly stated:

(2.) THE wife denied the allegations in her counter. During the course of the trial at the instance of the parties, she was examined by two Doctors, who gave their opinion as to the mental condition of the wife. The evidence on the side of the husband is closed and the case was posted for the respondent's (the present petitioner's) evidence. At that stage, the husband filed I.A. No. 513 of 1983 for sending the wife for examination by a Psychiatrist and Gynecologist and have their evidence recorded. In this petition he reiterated that the respondent was suffering from mental disorder and that she was unfit for marriage and is not capable of conceiving. He also averred that the marriage has not been consummated.

(3.) THE learned Subordinate Judge dismissed the petition in so far as it related to the examination of the wife by a Psychiatrist observing that she was already examined by a Psychiatrist of Vijayawada whose opinion is on record and there is no necessity to subject her to examination by another Psychiatrist. As regards the other prayer that she should be examined by a Gynecologist, the learned Judge allowed the petition. Aggrieved by this direction, the wife preferred the present Civil Revision Petition.