Balbir Kaur vs Gurdev Singh

T.H.B. Chalapathi, J.—This revision is directed against the order of the Additional District Judge, Hoshiarpur, dated 15.2.1999, directing the petitioner-wife to subject herself to medical examination. The respondent-husband filed a petition u/s 13 of the Hindu Marriage Act on various grounds including that the petitioner-wife underwent family planning operation without his consent and, therefore, disabled herself to beget children and that amounts to cruelty. In that petition, the respondent-husband filed an application to direct the petitioner-wife to subject herself to medical examination. That request of the respondent-husband was allowed by the Additional District Judge in the impugned order. Hence, the petitioner-wife approached this Court in this revision petition.

Learned Counsel for the respondent is unable to draw my attention to any provisions of law or any authority that a person can be subjected to medical examination against his/her Will and consent. I am of the opinion that no person can be directed to undergo medical examination against his Will. If really, the petitioner-wife has undergone family planning operation, there will be some record to that effect. It is always open to the respondent-husband to adduce evidence that the petitioner-wife had undergone family planning operation without his consent.

In Venkateshwarubu v. Subhagya, (1951) 1 H.L.J. 580, it has been pointed that there is no procedure either in the CPC or in the Evidence Act which provides for blood test being made of a minor and his father when the father is disputing the legitimacy of the minor and if the parties are unwilling to submit such a test, the Court has no power to direct them to submit themselves to such test. The same view was taken by Kerala High Court in Vasu v. Sunita, 1975 K L.T. 533, and Madhya Pradesh High Court in Hargovind Soni Vs. Ramdulari, In this view of the matter, I am of the opinion that the order of the learned Additional District Judge, Hoshiarpur, directing the petitioner-wife to subject herself to medical examination cannot be sustained.

I accordingly allow this revision petition, set aside the impugned order. However, it is made clear that it is open to the respondent-husband to adduce any other evidence to show that his wife had undergone family planning operation without his consent and that it amounts to cruelty.