Research › Search › Judgment

Madras High Court · body

2007 DIGILAW 621 (MAD)

N. Gayathri Devi v. R. Ravichadnran @ Ravi Mony

2007-02-20

S.ASHOK KUMAR

body2007
Judgment :- These revisions have been preferred by the respondent/wife as against allowing the two I.As filed by the respondent/husband to receive the Medical Certificate issued by Brihanmumbai Mahanagarpalika Lokmanya Tilak Municipal General Hospital, Sion, Mumbai-22 and to summon the Doctor who conducted the test on him. 2. The brief facts of the case are as follows: The petitioner is the wife of the respondent. They got married on 28. 2003 according to Hindu rites and customs at Madras. The petitioner filed O.P.No:1555 of 2004 for divorce under Section 12(1) of the Hindu Marriage Act because of the impotency of the respondent/husband. The respondent/husband filed a counter denying the impotency. He had also stated that he is ready and willing to subject himself before the concerned medical board. The petitioner filed I.A.No:741 of 2005 before the Family Court seeking a direction to send the respondent to the Medical Board for medical examination. The respondent filed a counter stating that he is willing to abide by the order of the court to prove his potency. On 6. 2005 an order was passed stating that in the counter the respondent has expressed his willingness to go for a medical examination and hence the petition was allowed directing him to appear before the General Hospital, Madras. On 112. 2005, the respondent filed I.A.No.2965 of 2005 to review the order passed in the said I.A.No:741 of 2005 praying that he may be permitted to undergo the medical examination at Mumbai Government Hospital and direct the said Hospital to send the Medical Examination Report directly to the court. He also stated that he has voluntarily undergone the medical examination in the said Hospital and obtained a medical certificate and submitted the same to the court on 28. 2005. From the certificate it is seen that the respondent went to the said Hospital at Mumbai during 8. 2005 and subjected himself for medical examination without any orders of the family court. After contest the review petition filed by the respondent to review the order in I.A.No.741 of 2005 was dismissed by the family court holding that the respondent has to necessarily appear for the medical examination before the General Hospital at Madras. On 28. 2005, the respondent filed I.A.No:1946 of 2005 before the Family Court to permit him to file the medical certificate issued by the Mumbai Municipal Hospital and the same was dismissed on 14. On 28. 2005, the respondent filed I.A.No:1946 of 2005 before the Family Court to permit him to file the medical certificate issued by the Mumbai Municipal Hospital and the same was dismissed on 14. 2006. Against the said order, the respondent filed CRP.No:880 of 2006 before this Court and the same was also dismissed on 30.6.2006. Once again, the respondent filed I.A.No;2831 of 2006 on 11. 2006 before the Family Court to receive the medical certificate issued by the Mumbai Hospital. The petitioner/wife contested the same by filing a counter. On 1. 2007 the Family Court allowed the petition to receive the medical certificate and report issued by the Mumbai Hospital. Aggrieved over the same, this CRP has been filed by the petitioner/wife. 3. Mr. B.T. Seshadri, learned counsel appearing for the petitioner would contend that a specific direction was given by the Family Court to the respondent to appear before the Medical Board at Government General Hospital at madras. In fact, in his counter dated 6. 2005, in I.A.No.741 of 2005, the respondent has volunteered to undergo the medical test. But the respondent failed to undergo the medical examination before the Medical Board at General Hospital, Madras. On the other hand, without any orders of the Family Court he has obtained a certificate from the Brihanmumbai Mahanagarpalika Lokmanya Tilak Municipal General Hospital, Sion, Mumbai-22 and has produced the same with a petition to review the earlier order passed in I.A.No.741 of 2005. The Review Application i.e., I.A.No.2965 of 2005 was also dismissed. Again the respondent filed I.A.No.1946 of 2005 to permit him to file the medical report issued by the said Hospital which was also dismissed on 14. 2006. The respondent filed a Civil Revision Petition in CRP.No:880 of 2006 before this Court against the dismissal of the review petition I.A.No.2965 of 2005. In his affidavit filed along with the Revision Petition, he has mentioned all the facts, about the direction of the Family Court to undergo medical test before the G.H.at Madras but he undergone medical test at Mumbai. After hearing the respondent, the CRP was dismissed by this Court on the ground that there is no merit in the said CRP. In his affidavit filed along with the Revision Petition, he has mentioned all the facts, about the direction of the Family Court to undergo medical test before the G.H.at Madras but he undergone medical test at Mumbai. After hearing the respondent, the CRP was dismissed by this Court on the ground that there is no merit in the said CRP. After dismissal of the CRP by this Court, once again the respondent filed I.A.No:2831 of 2006 and 2808 of 2006 before the Family Court to receive the medical certificate issued by the Bombay Hospital and to summon the Doctor who conducted such test and the applications were allowed by the Family Court. At the same time the application filed by the petitioner/wife to strike off the said medical certificate was dismissed by the Family Court by the common order. 4. From the facts and circumstances of the case it is seen that the respondent has chosen the Hospital of own choice at Mumbai inspite of his review petition having been dismissed. The earlier petition filed by the respondent to receive the medical certificate issued by the Mumbai Hospital has been rejected. But for the second time it has been accepted by the Family Court. When all these facts were mentioned in the CRP.NO.880 of 2006, since filed by the respondent, this court has dismissed the CRP as devoid of merits. That means the medical examination conducted much earlier to the order passed by the Family Court cannot be accepted and invalid and he must undergo medical examination before the Government General Hospital at Chennai. The respondent wants to circumvent the orders of the Family Court as well as by this Court by avoiding his appearance before the Medical board for medical examination at Government General Hospital, Chennai. The reason given by him for not subjecting himself to the Medical Board for conducting medical test at Government Hospital, Chennai is that he is not able to get the leave cannot be a ground to disobey the order of the courts. Therefore the medical certificate issued by the Brihanmumbai Mahanagarpalika Lokmanya Tilak Municipal General Hospital, Sion, Mumbai, and produced by the respondent is of no value and he respondent is bound to appear before the concerned Medical Board at Government General Hospital, Chennai, to prove his claim of potency. 5. With the above observations, both the CRPs are allowed. Therefore the medical certificate issued by the Brihanmumbai Mahanagarpalika Lokmanya Tilak Municipal General Hospital, Sion, Mumbai, and produced by the respondent is of no value and he respondent is bound to appear before the concerned Medical Board at Government General Hospital, Chennai, to prove his claim of potency. 5. With the above observations, both the CRPs are allowed. Consequently, connected CMP is closed. No costs.