Judgment ( 1. ) THE petitioner is a plaintiff in a suit for divorce sought on the ground that because of the absence of uterus and non visual ovaries, the respondent is not able to perform intercourse. The claim has been espoused on certain medical examination certificate. ( 2. ) DURING pendency of the suit, petitioner filed an application under Section 151 CPC seeking medical examination of the respondent. This application was rejected by the trial Court on 8. 2. 2008. The petitioner thereafter got certain doctors examined, but since their evidence did not favour the petitioner, again an application under Section 151 was filed for getting the petitioner examined by a doctor. This application was rejected by the trial Court on 17. 10. 2008 on the ground that the petitioner having closed his evidence cannot be allowed to obtain evidence by invoking Order 26 Rule 4 of the Civil Procedure Code. ( 3. ) THE trial Court by its order dated 8. 2. 2008, rejected the petitioners application in the following terms: ( 4. ) IN an adverserial system as is prevalent in this country the burden of proof to discharge is on the person, who alleges and basis his claim on the facts narrated therein. In the case at hand, the petitioner having availed the said opportunity and having allegedly failed to bring home his case cannot be permitted to collect evidence through the Court. Therefore, this Court does not find any infirmity in the approach of the trial Court. ( 5. ) THERE is another facet of the matter, a woman, may be a wife, facing a decree of divorce, as in the present case, has a right guaranteed under the constitution of India to live with dignity. And seeking a medical examination of a lady in respect of her ability to perform an intercourse would, in the considered opinion of this Court, tantamount to lowering her dignity. Therefore also, the petitioner is not entitled for a leave to get her examined. ( 6. ) IN result petition fails and is hereby dismissed summarily. And in the facets and circumstances of the present case a Cost of Rs. 5,000/- is imposed upon the petitioner to be paid to the respondent within a period of 15 days from the date of communication of this order. Petition dismissed.