RINKASH SINGH RAKWAL Vs. SHIVANI RAKWAL AND ORS.

JUDGEMENT

(1.) Petitioner through the medium of instant petition under Section 104 of the Constitution of the Jammu and Kashmir has invoked writ jurisdiction of this Court for setting aside order dated 30.09.2013 passed by learned Additional District Judge (Matrimonial Cases), Jammu in case titled as Rinkash Rakwal v. Shivani Rakwal (hereinafter for short as 'impugned order') by virtue of which learned trial Court has dismissed the application filed by the petitioner seeking quashment of medical report submitted by Dr. J.R. Thappa, Head of the Department of Psychiatry, Govt. Medical College, Jammu dated 02.05.2012, and to implement order dated 16.04.2012 and also to medically diagnose and treat the respondent No. 1 by an expert Psychiatric Doctor for curing Neurotic and Psychiatric ailment of respondent No. 1 on the grounds taken in the memo of petition. As per the averments made in the petition, it appears that petitioner has filed petition under Section 9 of the Jammu and Kashmir Hindu Marriage Act, seeking restitution of conjugal rights which is pending disposal before learned Additional District Judge (Matrimonial Cases), Jammu since 03.06.2010. It is contended that subsequent to filing of said petition, respondent No. 1 on the instigation of respondent No. 2, who is father-in-law of petitioner has also filed petition under Sections 13, 30 and 33 of Hindu Marriage Act against petitioner. It is contended that petitioner tried to bring respondent No. 1 back to matrimonial home, but respondent No. 2 did not allow her. It is further contended that marriage between petitioner and respondent No. 1 was solemnized on 20.10.2009, but the fact of the matter is that respondent No. 1 was suffering from psychiatric disorder/ailments much prior to her marriage which is evident from prescriptions dated 20.02.2004, 18.03.2005, 16.10.2006, 13.09.2006 and 13.01.2009 issued by different Medical Consultants/Doctors including Medical Consultants/Doctors from Jammu and Chandigarh. Prescription dated 16.10.2006 issued by Doctor of Govt. Medical Hospital, Jammu clearly demonstrates that respondent No. 1 was advised to have certain medicines which clearly substantiates that she was suffering from disease. It is further contended that despite subsistence of valid marriage, respondent No. 2 has got respondent No. 1's name registered with Tuli Wedding Hub a matrimonial bureau and even tried to re-marry respondent No. 1 to someone else, to which petitioner was constrained to institute a Civil Suit for Permanent Prohibition Injunction against respondent No. 2 for contracting second marriage of respondent No. 1. Keeping in view psychiatric conditions of respondent No. 1, the petitioner moved an application seeking directions against respondent No. 2 to produce respondent No. 1 for medical diagnosis and treatment by an expert Psychiatric Doctor/Medical Board, to which learned trial Court vide order dated 16.04.2012 directed respondent No. 2 to produce respondent No. 1 for medical diagnosis and treatment by a Psychiatric Doctor and Medical Board for curing a Neurotic and Psychiatric ailments of respondent No. 1. Medical Board vide its report dated 02.05.2012 submitted that as per current mental status examination, she (respondent No. 1 herein) is fit to participate in the court proceedings. Petitioner being aggrieved of the said medical report, which was in consonance with order dated 16.04.2012, filed application seeking quashment of report dated 02.05.2012 and directing the Board to file report in terms of order dated 16.04.2012, but the court below dismissed the said application vide order dated 30.09.2013. It is this order, which is called-in-question in the present petition on the grounds set out in it.

(2.) Respondents have filed objections and refuted all the allegations levelled against them.

(3.) Heard learned counsel for the parties and perused the record.