AMRITPAL SINGH Vs. SATWINDER KAUR

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 23.2.2007 passed by the learned Addl. District Judge, Bathinda, whereby an application moved by the petitioner seeking a direction that the respondent, namely, his wife be put to medical examination before a Cancer Institute, has been declined.

(2.) THE petitioner has filed a petition under Section 12 of the Hindu Marriage Act, 1955, for annulment of his marriage with the respondent on the ground that she was suffering from Cancer prior to their marriage and this fact was allegedly concealed by her.

(3.) SO far as the second application in which direction to the respondent for her examination by some Cancer Institute is sought, that has been dismissed by the learned trial Court and rightly so as it is for the petitioner to prove his case and the respondent cannot be compelled to submit herself for her medical examination especially when the medical evidence led by the petitioner so far has demolished his own case.