SURINDER SINGH Vs. MANJIT KAUR

JUDGEMENT

(1.) THROUGH this petition under Section 482 of the Code of Criminal Procedure, the petitioner seeks quashing of order Annexure P-16 dated 23rd July, 1990, passed by Judicial Magistrate Ist Class, Amritsar, directing the petitioner as well as the respondent to be medically examined on the basis of an application made by the respondent.

(2.) THE material facts in which the aforesaid order was passed are, as follows- Surinder Singh petitioner was married to Smt. Manjit Kaur respondent on 20th April, 1986. The respondent filed a petition under Section 12 of the Hindu Marriage Act on 14.1.1987 on the ground of alleged impotency of the husband. In reply, the husband denied being impotent. On the contrary, he pleaded that he had a normal married life and as a result of cohabitation the respondent had become pregnant. During the pendency of the proceedings under Section 12 of the Hindu Marriage Act, the husband made an a application for his own medical examination as well as that of the wife. The application was allowed by the learned Additional District Judge by order dated 4.10.1988. By a later order dated 12.10.1988 certain points were specified both for the husband as well as the wife on which findings/opinion of the Medical Board constituted earlier were sought. Both the parties were examined by separate Boards on 19.10.1988. The report with regard to the wife is Annexure P-6 and that regarding the husband is Annexure P-7. Dr. Gian Kaur and Dr. S.P. Singh Sohal were examined in order to prove the respective reports.

(3.) DURING the hearing of the petition in this Court, on the request of the wife a reference was made to the Medical Superintendent, P.G.I. to arrange a medical examination of the wife on the following questions vide order dated February by 5, 1991 :-