GHULAM MOHAMMAD KHAN Vs. HASINA

JUDGEMENT

(1.) ORDER :- In this revision petition, the petitioner/defendant challenges an order dated 24-5-86 whereby in a suit for dissolution of marriage, the petitioner has been directed to submit for medical examination before Medical Board.

(2.) The relevant facts of the case run : that the respondent-wife brought a suit for dissolution of marriage against the petitioner her husband before the trial Court and the preliminary issue regarding potency of the petitioner was framed by the Court below on 9-5-1985 to the effect whether the petitioner/husband is a potent and on the same date the petitioner was directed to get himself examined by the Medical Board. The onus of proving issue was cast on the plaintiff.

(3.) The petitioner appears to have been medically examined and a certificate issued by the Board. At the trial, the trial Court summoned the Medical Superintendent for examination whose presence could not be procured and another order impugned dated 24-5-1986 has been passed by the trial Court directing the petitioner, to get himself again medically examined by a Medical Board with additional reason that earlier certificate is not specific and it is this order that the petitioner challenges before this Court.