MOHAMMAD LATIEF BHAT ALIAS NAIK Vs. SHAMIMA

JUDGEMENT

(1.) This revision petition is directed against the order dated 3.4.2010 passed by the Court of Munsiff, Kangan, whereunder Petitioner (Defendant) has been directed to be examined by the Medical Board to be constituted by the Chief Medical Officer so as to ascertain as to whether Petitioner (Defendant) is potent or not.

(2.) It is the contention of learned Counsel for the Petitioner that the Petitioner under any circumstances cannot be ordered to subject himself to the medical test for being ascertained his position of potency. It is projected that subjecting the Petitioner to medical examination violates his right of privacy so offends Article 21 of the Constitution. In support of this contention, learned Counsel has referred to the judgment captioned Ghulam Mohammad Khan v. Mst. Hasina passed by this Court in Civil Revision No. 120/86, reported in SLJ 1988 J&K 103, wherein it has been held as under:

(3.) It has been further held that since the Petitioner has been examined by the Board, the trial court is at liberty to act upon the medical evidence available on record and decide the issue of potency of the Petitioner on the evidence led by the party on whom onus has been laid.