MANGAL SINGH Vs. SAROJ BALA

JUDGEMENT

(1.) THE challenge in this revision petition preferred by petitioner (husband) son of Jaibir Singh, is to the impugned order dated 03.02.2014 (Annexure P -4), by virtue of which the trial Court has dismissed his application (Annexure P -2) for medical examination, to ascertain the mental ability of respondent (wife) in a divorce petition, filed by him under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as "the Act").

(2.) AS is evident from the record that, the petitioner (husband) has filed a divorce petition (Annexure P -1), against the respondent (wife), for dissolution of their marriage on the ground of cruelty etc. The respondent (wife) refuted the claim, filed the written statement, stoutly denied the allegations contained in the petition and prayed for its dismissal.

(3.) AS per divorce petition (Annexure P -1), the marriage between the parties was solemnized on 28.05.2005, according to Hindu Rites and Ceremonies. After the solemnization of the marriage, they resided together, cohabited as husband and wife and one male child, namely, Ravinder was borne out of their said wedlock, who is now aged about five years. Whereas the petitioner has filed the instant divorce petition on 03.09.2011 i.e. after a period of six years of solemnization of the marriage. Earlier the petitioner (husband) has never complained about the mental health of respondent (wife) during her stay in the matrimonial home and consummated the marriage. Not only that, she gave birth to a male child. That being the position on record, now it cannot possibly be saith that she was mentally ill and the husband is entitled to decree of divorce on that account, as contrary urged on his behalf. Moreover, it is now well settled principle of law that such personal medical examination to ascertain the mental health of a person cannot be permitted in a routine and causal manner where her honour is involved, unless and until it is expedient and very much essential to do so. Therefore, petitioner appears to have filed the present petition for medical examination of respondent (wife), in order to prolong her agony and the trial Court has rightly negated his plea of medical examination, vide impugned order dated 03.02.2014 (Annexure P -4), which in substance is as under: -