DEEPAK GARG Vs. NISHA RANI

JUDGEMENT

(1.) The revision petitoin is against an order declining a request for medical examination of the respondent wife. The petition was for annulment of the marriage that took place on 11.12.2008 on the ground that the wife was blind of one eye and partially blind to the extent of visual acuity to the extent of 30% only. The petition was filed in June, 2012 i.e. more a year after the marriage on a plea that he came to know about the defect only within one year from the date of the petition.

(2.) It appears that the wife had a child conceived and born subsequently but wife was discarded by the husband and hence she filed a petition for grant of maintenance under Section 125 of the Criminal Procedure Code. Even at the criminal trial, she was cross-examined with reference to her vision and she had stated that her eye sight was normal and she could read and write and she was also prepared to have medical examination done, if it was pressedforth.

(3.) The husband has filed an application for the examination of the wife for assessing the degree of vision. The wife resisted the application and the court allowed the objection to prevail. It is this order that is brought for challenge before this court.