SURJIT SINGH THIND Vs. KANWALJIT KAUR

JUDGEMENT

(1.) This petition filed under Section 115 of the Code of Civil Procedure, 1908 (for brevity, 'the Code') is directed against the order dated 22-2-2003 passed by the learned Additional District Judge, Jalandhar dismissing the application of the husband-petitioner in which prayer was made for getting the wife-respondent medically examined in order to prove her virginity.

(2.) The wife-respondent has filed a petition before the Additional District Judge under Sections 11 and 12 of the Hindu Marriage Act, 1955 for a decree of nullity of marriage, inter alia, on the ground that the marriage has never been consummated. The husband-petitioner has taken the defence that the marriage has been consummated and he is not impotent. In order to prove that the wife-respondent is not virgin, the husband-petitioner filed an application for her medical examination which has been declined.

(3.) Mr. G. P. S. Bal, learned counsel for the husband-petitioner has vehemently argued that refusal of medical examination by the wife-respondent is a material fact and the Court should not have dismissed the application filed by the husband-petitioner. According to the learned counsel, the medical examination of the wife-respondent would go a long way to prove the fact whether the marriage is consummated or not. In support of his submission, the learned counsel has placed reliance on paragraph 74 of a judgment of the Supreme Court in the case of Sharda v. Dharmpal (2003) 3 JT (SC) 399 .