Madhya Pradesh High Court
Nihal Singh vs Smt. Rachna on 6 December, 2018
1 FA-1414-2018
The High Court Of Madhya Pradesh
FA-1414-2018
(NIHAL SINGH Vs SMT. RACHNA)
Gwalior, Dated : 06-12-2018
The appellant/husband and respondent/wife are present and are heard
in camera along with their respective counsel.
The appellant/husband on being enquired by this Court about the cause of marital discord reveals that the respondent/wife is physically incapable to bear children due to absence of uterus in her body. The appellant/husband further informs that due to the said physical disability suffered by the respondent/wife, he is unable to perform sexual intercourse with her.
On the other hand, the respondent/wife does not dispute about the absence of uterus but states that appellant was well aware of her physical deficiency since before the marriage. However, the respondent/wife denies that absence of uterus causes any hindrance in the act of sexual intercourse.
Though the medial report of the respondent/wife was not proved before the Family Court but the same has been brought on record along with an application under Order 14 Rule 27 CPC, a bare perusal of which reveals that the respondent/wife does not have uterus but her ovaries are normal in size.
From the above revelation made by the rival parties, it is evident that the appellant/husband is distraught due to incapacity of the respondent/wife to bear children and to the extent of denial of sexual pleasure.
In the background of aforesaid facts, this Court has counseled the rival parties and asked them to explore as to whether they would like to adopt the means of surrogacy or any other legitimate means to have a child.
However, to ascertain the capacity/incapacity of the appellant/husband and the respondent/wife to indulge in sexual intercourse, this Court, after seeking their consent, directs the appellant/husband and respondent/wife to 2 FA-1414-2018 be subjected to medial examination conducted by the Head of the Department of Gynaecology, Jaya Arogya Group of Hospitals, Gwalior.
Rival parties for this purpose are directed to appear before the Superintendent of Jaya Arogya Group of Hospitals, on 10.12.2018 at 10:30 a.m. The Superintendent shall ensure compliance of this order by ensuring conduction of medical examination of the appellant and the respondent by the Head of the Department of Gynaecology on the very same day or as early as possible but latest by 13/12/2018.
The Head of the Department of Gyneacology, Jaya Arogya Group of Hospitals, Gwalior shall furnish a report to the Superintendent, Jaya Arogya Group of Hospitals, Gwalior who in turn shall forward the report to the Principal Registrar of this Court.
List the matter on 14th of December, 2018.
In case of non-availability of Superintendent, Jaya Arogya Group of Hospitals, Gwalior on 10.12.2018 at 10:30 p.m., the appellant and the respondent shall directly approach the Head of the Department of Gynaecology, Jaya Arogya Group of Hospitals, Gwalior who shall do the needful as directed above.
(SHEEL NAGU) (VIVEK AGARWAL)
JUDGE JUDGE
Suneel
YOGENDRA
OJHA
2018.12.07
17:56:34 +05'30'