LAWS(MPH)-1989-7-18

MAYA GOHIYA Vs. PREM LAL MANGAL SINGH GOHIYA

Decided On July 10, 1989
MAYA GOHIYA W/O PREM LAL GOHIYA Appellant
V/S
PREM LAL MANGAL SINGH GOHIYA Respondents

JUDGEMENT

(1.) THIS revision under section 115 of the Code of Civil Procedure is directed against the order dated 14-8-1986 passed by the IVth Additional Judge to the Court of District Judge, Jabalpur in Civil Suit No. 74-A of 1984.

(2.) THE revisionist/wife Smt. Maya Gohiya has brought an action against her husband Premlal under section 13 of the Hindu Marriage Act, 1955 (for short the 'act') for seeking a decree of divorce on the ground of cruelty etc. It is contended that her husband Premlal is not capable of performing sexual act with his wife Smt. Maya Bai and as such incapability of performing sexual act amounts to cruelty on the part of her husband Premlal.

(3.) THE husband, denying the averments as levelled against him, submitted that he is fully capable of performing sexual act with his wife. However, the wife filed an interlocutory application seeking medical examination of her husband about his potency. This application by the impugned order dated 14-8-1986 has been dismissed by the trial Court giving rise to this revision.