SANDIP KUMAR DASGUPTA Vs. DIPANWITA DASGUPTA

JUDGEMENT

(1.) In a Matrimonial Suit for divorce filed by the wife against her husband on the ground of cruelty under Section 27(1)(d) of the Special Marriage Act, 1954, the opposite party (wife) filed an application under Section 151 of the Code of Civil Procedure for referring her husband, the petitioner (herein) to a medical expert for his medical examination for ascertaining his potency on the following grounds:

(2.) The petitioner (husband) contested the wife's said application by filing an objection stating therein that before accusing the husband regarding his sexual incapacity, the wife should submit a report that there was no full penetration of the main organ of her husband in her by examining herself by the medical expert. It was further stated therein that the husband was quite capable of giving full satisfaction to the wife sexually. It was further stated therein that at the time of their sexual enjoyment after their marriage, the wife expressed her full satisfaction physically and mutually on several occasions. A Doctor's certificate was also submitted by the husband/petitioner wherein the husband was certified as sexually capable person.

(3.) The husband thus prayed for dismissal of the wife's said application for referring him to medical expert for his examination.