Madhya Pradesh High Court
Smt Nirmala Singraul vs Ramcharan Singraul on 4 April, 2019
1 FA-161-2015
The High Court Of Madhya Pradesh
FA-161-2015
(SMT NIRMALA SINGRAUL Vs RAMCHARAN SINGRAUL)
19
Jabalpur, Dated : 04-04-2019
Shri Bhupendra Kumar Shukla, Advocate for the appellant.
Shri Ashok Kumar Jain, Advocate for the respondent.
Heard counsel for the parties.
This appeal under Section 28 of Hindu Marriage Act has been preferred by the appellant being aggrieved by order dated 19.07.2013 passed in Civil Suit No.41-A/2012 by Ist Additional District Judge, Sidhi, District Sidhi (M.P.) whereby the learned Judge has allowed the petition under Section 12 of Hindu Marriage Act filed by the respondent seeking decree of divorce.
Brief facts of the case are that the marriage of appellant and respondent was solemnized on 25.04.2012 as per Hindu rituals. The respondent has filed an application under Section 12 of Hindu Marriage Act on 14.09.2012 that his wife is impotent to perform sex, hence the marriage be declared as void.
From perusal of the record, it appears that the order has been passed by the trial Court on the ground that the appellant was not interested in subjecting herself for examination before the Medical Board, as such on this basis decree has been passed. However, the appeal has been preferred before this Court by the wife. In the presence of both the parties, she was directed to appear before the Victoria Hospital, Jabalpur by the order of this Court dated 06.03.2019 she appeared before the Medical Surgeon who has given the opinion that the lady is capable of performing the sex and competency has been determined. In that view of the matter, initially if it is recorded earlier by the trial Court on the reasons best known to the trial court the same has to be reversed in view of the report that she is capable and impotent to perform the sex.
In view of the report given by the Victoria Hospital Doctor appellant is 2 FA-161-2015 capable of performing sex. We feel appropriate to set-aside the impugned order passed by the Family Court and the matter is remanded back to the Family Court to do the needful in accordance with law and pass an appropriate order.
Parties are directed to remain present before the Family Court on 22.04.2019.
(HULUVADI G. RAMESH) (B. K. SHRIVASTAVA)
JUDGE JUDGE
Vin**
Digitally signed by VINOD
SHARMA
Date: 2019.04.05 03:03:27 -07'00'