Trial Court’s decision ordering the wife’s medical examination to determine if she was in a position to conceive or not overturned: Uttarakhand High Court
Trial Court’s decision ordering the wife’s medical examination to determine if she was in a position to conceive or not was overturned by the Uttarakhand High Court in the case of Rashmi Gupta v. Yogesh Babu through a Division Bench of Ravi Malimath and Narayan Singh Dhanik, JJ.
FACTS OF THE CASE
In accordance with Sections 13(ia) and 13(ib) of the Hindu Marriage Act of 1955, the petitioner husband claimed that the respondent wife had abandoned him and perpetrated a number of cruel acts. On the husband’s request, the trial court issued the contested order during the pendency of the case, ordering the wife’s medical examination to determine if she was in a position to conceive or not.
An appeal was filed by the appellants in this case who were unhappy with the trial court’s decision to compel the wife’s medical examination. The appellant wife’s attorney, argued that it is unusual for a wife to have a medical examination to determine whether or not she can conceive and that whether or not she can conceive is immaterial to the facts and circumstances of the case.
JUDGEMENT
While allowing the appeal, the court nullified the Family Court’s order and noted that the reasons for the divorce sought by the husband were covered by Sections 13(ia) and 13(ib) of the Hindu Marriage Act, 1955.
Section 13(ia) deals with cruelty, and Section 13(ib) deals with abandonment. Therefore, in order to file for divorce on these grounds, the husband would need to prove these two facts to the court. The wife’s capacity to become pregnant or not has no bearing on or connection to subclauses (ia) or (ib) of Section 13 of the Hindu Marriage Act. Whether she can conceive or not is unimportant to the current processes.
Accordingly, the appeal was accepted the Court
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JUDGEMENT REVIEWED BY NISHTHA GARHWAL
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