Calcutta High Court (Appellete Side)
Subhadeep Chanda vs Smt. Aditi Chanda (Ray) on 2 March, 2017
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1
IN THE HIGH COURT AT CALCUTTA
02-03-2017Civil Revisional Jurisdiction Subrata . C.O.No.719 of 2017 Subhadeep Chanda
-vs-
Smt. Aditi Chanda (Ray) Mr. Manish Chandra Roy Mr. Shourjyatosh Mookherjee Ms. Aparajita Ghosh ...for the petitioner The petitioning husband complains of an order dated August 16, 2016 by which the court below has directed the petitioner to undergo a further potency test. One of the grounds taken in the divorce suit filed by the wife is the alleged impotency of the petitioner herein. The petitioner refers to the positive reports of renowned medical practitioners and clinics, copies whereof have been appended to the petition.
The petitioner claims that the doctor and the clinics were referred to by the psychiatric that the petitioner visited at the instance of his wife. The petitioner says that there was no reason for the court below to disbelieve the reports before it and require a further test.
There is an element of discretion which is available to a court in matters of the present kind. Notwithstanding the positive reports that the petitioner cited before the court below, contrary reports may have been cited by the wife. In the circumstances, the court considered it expedient that the petitioner be referred to the Chief 2 Medical Officer of Health, South 24-Parganas for an appropriate investigation of potency. The discretion does not appear to have been exercised in a perverse manner.
The order impugned dated August 16, 2016 does not call for any interference.
CO No.719 of 2017 is disposed of without any order as to costs.
Certified website copy of this order, if applied for, be urgently made available to the parties, subject to compliance with all formalities.
(Sanjib Banerjee, J)