SARLA RANI GUPTA Vs. BHUSHAN LAL

JUDGEMENT

(1.) THE petitioner who was married to the respondent on 3 -2 -1972 filed an application on 25 -3 -1972 under Sec. 12 of the Hindu Marriage Act in the court of the District Judge, Jammu for a decree annulling the marriage on the ground that the respondent was a lunatic at the time of the marriage and continued to be so on the date the presentation of the petition. The allegation regarding lunacy was denied by the respondent in the written objections filed him through his guardian. On 28 -8 -1973 court framed the following issues in the petition: -

(2.) THE petitioner was asked to lead evidence on these issues. Some of the witnesses for the petitioner appeared before the court below whose statements were recorded. On 28 -8 -1973 the petitioner made an application before the court below that the respondent was posted at Srinagar but on account of his lunacy he had left the place of his posting and became violent. A prayer was made in this application that the Advocate for the respondent may be ordered to produce the respondent in person before the court and the court may order his examination by a medical expert. On this application the counsel for the respondent was asked by the court whether he would like to produce the respondent in the court. Mr. R. P. Bakshi, counsel for the respondent, declined to produce the respondent in the court whereupon the court vide its order dated 6 -11 -1973 directed the petitioner to lead further evidence. The court recorded the fact of Mr. Bakshi having refused to produce the respondent in the court for being medically examined but did not assign any reason whatsover for not directing the respondent to appear in the court for being medically examined. This order of the learned District Judge is the subject matter of this revision application.

(3.) THE sole question therefore which arises for consideration is whether the court below should have directed the respondent to appear in person in the court and whether he could be asked to submit to a medical examination.