High Court Punjab-Haryana High Court

Amritpal Singh vs Satwinder Kaur on 11 January, 2008

Punjab-Haryana High Court
Amritpal Singh vs Satwinder Kaur on 11 January, 2008
Equivalent citations: I (2008) DMC 233
Author: S Kant
Bench: S Kant

JUDGMENT

Surya Kant, J.

1. This revision petition is directed against the order dated 23.2.2007 passed by the learned Addl. District Judge, Bathinda, whereby an application moved by the petitioner seeking a direction that the respondent, namely, his wife be put to medical examination before a Cancer Institute, has been declined.

2. The petitioner has filed a petition under Section 12 of the Hindu Marriage Act, 1955, for annulment of his marriage with the respondent on the ground that she was suffering from Cancer prior to their marriage and this fact was allegedly concealed by her.

3. The respondent vehemently contested and denied the aforesaid allegation. Two medical experts namely Dr. Monika and Dr. J.S. Romana have already been examined as AW1 and AW2 on 21.3.2006 and they have denied that the respondent is suffering with any ailment like Cancer. The petitioner has sought the recalling of Dr. J.S. Romana for his further cross-examination on the ground that the said doctor had produced the photostat copy of the medical report and not the original report. The said application has been accepted by the learned trial Court vide the same impugned order.

4. So far as the second application in which direction to the respondent for her examination by some Cancer Institute is sought, that has been dismissed by the learned trial Court and rightly so as it is for the petitioner to prove his case and the respondent cannot be compelled to submit herself for her medical examination especially when the medical evidence led by the petitioner so far has demolished his own case.

5. No interference in the impugned order is, therefore, called for.

Dismissed.