PATHIGA SURESH Vs. SMT. PATHIGA ANURADHA

JUDGEMENT

(1.) The revision petitioner is the husband, who filed F.C.O.P. No.85 of 2014, for dissolution of the marriage, under Sections 12(1)(a) and 2(b)(i) of the Hindu Marriage Act, 1955 (for short, 'the Act'), on the file of the Court of Judge, Family Court at Vizianagaram (for short, 'the lower Court').

(2.) The petitioner herein has also filed Interlocutory Application No.348 of 2016 in F.C.O.P. No.85 of 2014, under Sec. 151 of C.P.C., seeking to send the respondent-wife for medical examination. The ground on which he sought for medical examination was that his marriage with the respondent was not consummated due to her vaginal problem and, hence, the marriage could not be consummated. The said Interlocutory Application was dismissed by the lower Court on the ground that the petitioner has got examined two doctors on his behalf as PWs.2 and 3 besides his evidence. Being aggrieved by the said order, this Civil Revision Petition is preferred by the petitioner-husband.

(3.) Heard Mr. P. Durga Prasad, learned counsel for the petitioner, and Mr. G. Sundaresan, learned counsel for the respondent.