BALBIR KAUR Vs. GURDEV SINGH

JUDGEMENT

(1.) This revision is directed against the order of the Additional District Judge, Hoshiarpur, dated 15.2.1999, directing the petitioner-wife to subject herself to medical examination. The respondent-husband filed a petition under Section 13 of the Hindu Marriage Act on various grounds including that the petitioner-wife underwent family planning operation without his consent and, therefore, disabled herself to beget children and that amounts to cruelty. In that petition, the respondent-husband filed an application to direct the petitioner-wife to subject herself to medical examination. That request of the respondent-husband was allowed by the Additional District Judge in the impugned order. Hence, the petitioner-wife approached this Court in this revision petition.

(2.) Learned counsel for the respondent is unable to draw my attention to any provisions of law or any authority that a person can be subjected to medical examination against his/her will and consent. I am of the opinion that no person can be directed to undergo medical examination against his will. If really, the petitioner-wife has undergone family planning operation, there will be some record to that effect. It is always open to the respondent-husband to adduce evidence that the petitioner-wife had undergone family planning operation without his consent. In Venkateshwarubu v. Subhagya, (1951) 1 H.L.J. 580, it has been pointed that there is no procedure either in the civil procedure code or in the Evidence Act which provides for blood test being made of a minor and his father when the father is disputing the legitimacy of the minor and if the parties are unwilling to submit such a test, the Court has no power to direct them to submit themselves to such test. The same view was taken by Kerala High Court in Vasu v. Sunita, 1975 Kerela L.T. 533 and Madhya Pradesh High Court in Hargobind Soni v. Ramdela, A.I.R. 1986 M.P. 57. In this view of the matter, I am of the opinion that the order of the learned Additional District Judge, Hoshiarpur, directing the petitioner-wife to subject herself to medical examination cannot be sustained.

(3.) I accordingly allow this revision petition, set aside the impugned order. However, it is made clear that it is open to the respondent-husband to adduce any other evidence to show that his wife had undergone family planning operation without his consent and that it amounts to cruelty.