VEENITA BAI Vs. DINESH KUMAR

JUDGEMENT

(1.) By this writ petition under Article 227 of the Constitution of India, the petitioner who is non-applicant before the Court of District Judge, Harda, in a divorce petition fled by the respondent, has come before this Court against the impugned order dated 07.03.2013 by which on an application made by the respondent/husband, the petitioner has been directed to go to the Medical College, Indore, for the purpose of getting the medical examination of the petitioner done to ascertain whether she is suffering from any mental disorder or not. It is contended that the respondent herein fled the suit for grant of divorce under Section 13 of the Hindu Marriage Act, 1955 against the petitioner on various allegations specifically alleging that the petitioner is suffering from epilepsy. For the said purpose and proof of the said allegations, certain documents have been placed on record by the respondent/husband. These allegations made by the respondent have been specifically denied by the petitioner by fling a written statement alleging that in fact respondent has deserted the petitioner/wife in the month of August, 2011 and since even after making efforts, the respondent has not permitted the petitioner to enter the matrimonial home and in fact was not willing to admit the petitioner as his legally married wife. On a false allegation that the petitioner is suffering from such mental disorder, the suit for divorce has been fled. It is very categorically contended in the special pleadings that the petitioner was not suffering from such mental disorder. On the other hand, for creating the evidence when petitioner was taken to the hospital by the respondent himself, all medical reports were given in favour of the petitioner.

(2.) The respondent though has produced certain documents before the Trial Court but allegedly just to create an evidence, moved an application before the Court asking permission to send the petitioner herein for medical examination at Indore and to get the expert opinion on the said medical examination. Such a prayer made by the respondent was opposed by the petitioner on the ground that she was taken to the expert, certain tests were conducted, the reports were sent to the District Medical Board and opinion was given that there were no signs that the petitioner was suffering from any such mental disorder. Only with a motive to get the evidence created to prove such a false allegation made in the suit, the respondent has moved the application, therefore, the same may be dismissed. Since the said application has been allowed by the Trial Court, the writ petition is required to be fled.

(3.) The respondent by fling an application for vacating the stay, has placed on record certain documents. The medical certificate and certain test reports have been fled. It is contended in the application that keeping in view the reports submitted by the Medical Officers and the experts, it was necessary to get the petitioner medically examined thoroughly and to obtain reports in that respect. By placing reliance in certain documents, it is said that even before fling of the suit, a complaint in the police was made by the respondent and this indicates that in fact application made by the respondent was not an afterthought, rather to get the issue decided in appropriate manner such a prayer was made. It is contended that in terms of the various pronouncements of law, the petitioner is required to be put to medical examination and, therefore, application was not fled by the respondent with any ulterior motive to create evidence. It is, thus, contended that the Trial Court has rightly appreciated all these facts and has properly decided the application of the respondent, therefore, the writ petition is liable to be dismissed being misconceived.