VISHAMBHAR Vs. BUTA DEVI

JUDGEMENT

(1.) This revision is arising out of a matrimonial matter. The revision is filed by the plain tiff/husband, who had filed a petition for dissolution of marriage, filed under Section 12 of the Hindu Marriage Act, challenging the order refusing him the permission to examine the respondent from medical expert

(2.) The facts of the case are that the petitioner had filed an application under Section 12 of Hindu Marriage Act for annulment of marriage. The allegations of the plaintiff are that the petitioner and respondent married on 13.7.1994 at Ummedgarh and came to their residence at Gwalior on 15.7.1994. On that date the petitioner came to know that the respondent was carrying and was pregnant on account of her sexual relations with some third person, therefore, the petitioner did not cohabit with her and there was no physical relation between them The petitioner immediately on 16 7.94 reported this matter to the father of respondent, who came to Gwalior on 18.7.94 and took the respondent to a Gynaecologist, who confirmed about the pregnancy and advised ultrasound sonography. On 19.7.94 sonography was performed and the age of fetus was found to be 29 weeks and 4 days. The respondent's father thereafter took the respondent, to his house at Ummedgarh and thereafter the petition was filed

(3.) During the course of evidence the petitioner examined Gynaecologist Dr. (Smt.) Shela Sapre and Dr. R.P. Gupta for proving their medical reports. Both these doctors confirmed that they have given the said medical report but they could not identify the respondent to say that the said reports relate to her In view of this statement, the husband petitioner filed an application under Section 45 of the Evidence Act, for examining the respondent by a specialist i.e. Medical Board or by some other independent doctor The trial Court rejected this application by the impugned order by saying that the allegations relate to 1994 and after lapse of four years asking respondent to be examined by specialist will not be of any use as the specialist will not be in a position to give any opinion about the pregnancy.,