Madras High Court
R.Saravanan vs D.Shanmuga Priya on 28 April, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.04.2021
Coram
The Hon'ble Mr. Justice C.V.KARTHIKEYAN
C.R.P.(PD) No.984 of 2021
and
C.M.P.No.7872 of 2021
R.Saravanan
.. Petitioner/Petitioner/Respondent/Husband
Vs
D.Shanmuga Priya
.. Respondent /Respondent/Petitioner/Wife
Civil Revision Petition filed under Article 227 of the Constitution
of India to set aside the decreetal order in I.A.No.1 of 2020 in
O.P.No.1566 of 2018 on the file of the VII Additional Principal Judge,
Family Court, Chennai.
For Petitioner .. Ms.S.Revathy
For Respondent .. Mr.S.Veeraraghavan
https://www.mhc.tn.gov.in/judis/
2
ORDER
The petitioner in I.A.No.1 of 2020 which had been filed in
O.P.No.1566 of 2018 pending before the VII Additional Family Court,
Chennai, is the revision petitioner herein. The said application was
dismissed by order dated 21.12.2020.
2.O.P.No.1566 of 2018 had been filed by the respondent herein
taking advantage of Sections 13(1)(ia) and 13(1)(ib) of the Hindu
Marriage Act, 1955.
3.Counter had been filed by the present petitioner in his capacity
as respondent in the Original Petition. Pending the said petition, the
petitioner herein had also filed O.P.No.1084 of 2019 taking advantage of
Section 9 of the Hindu Marriage Act, 1955. Counter had also been filed
in the said application. Proof affidavit had also been filed and the parties
have grazed the witness box.
4.At that stage, I.A.No.1 of 2020 came to be filed by the revision
petitioner herein / husband. The relief sought in the said application was
to refer both the parties to Medical Board of Government General
https://www.mhc.tn.gov.in/judis/
Hospital, Chennai for medical examination, for the purpose of proving
whether the marriage was consummated or not and to submit a report to
the Court within a stipulated period.
5.Counter was filed in the said application. The learned Judge
had thought it fit to dismiss the application. The learned Judge had
observed that, as a fact, the respondent / wife had not sought any
declaration seeking dissolution of the marriage on the ground of
impotency. She had never referred to any alleged impotency of the
petitioner as a ground of divorce.
6.The petition has been filed seeking to refer the parties to
Medical Board to determine whether the marriage is consummated or
not. The marriage between the parties was conducted on 29.06.2015
nearly about six years back and after such a long time, it would be highly
impossible for any medical opinion to be obtained on that aspect.
7.It is also seen that in the counter filed by the present revision
petitioner that both the parties were unfortunately not blessed with any
children and on that account they also taken medical treatment.
https://www.mhc.tn.gov.in/judis/
8.It is now for the respective parties to graze the witness box to
adduce necessary evidence and establish their respective cases and then
leave it to the learned Judge to analyze the evidence and deliver a
judgment on the basis of the material record available.
9.I concur with the reasonings given by the learned Judge that the
petition has been filed only to harass the respondent herein. Let the
revision petitioner participate in the trial proceedings and produce
admissible evidence which are relevant and prove them in manner known
to law and call upon the Court to deliver a judgment on merits.
10.With the above observations, the Civil Revision Petition is
dismissed. No order as to costs. Consequently, the connected Civil
Miscellaneous Petition is closed.
11.The observations in the present order may not influence the
learned Judge while deciding the issues on merits.
28.04.2021
Internet:Yes/No
Index:Yes/No
smv
To
The VII Additional Family Court,
Chennai.
https://www.mhc.tn.gov.in/judis/
C.V.KARTHIKEYAN,J.
smv
C.R.P.(PD) No.984 of 2021
28.04.2021
https://www.mhc.tn.gov.in/judis/
