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This is a misc. petition under Article 227 of the Constitution of India, assailing the order dated 12-04-2025 (Annexure P-1) passed by Principal Judge, Family Court, Gwalior in Case No. 1308 of 2023 (HMA).

It is the case of petitioner that his marriage with respondent was solemnized on 13-12-2022 at Gwalior. He had filed a petition under Section 12 of the Hindu Marriage Act for declaring the marriage as null and void on the ground that his wife- respondent has a medical condition of Hypo-plastic uterus/rudimentary uterus and primary amenorrhea and she is not capable of having cohabitation and get pregnant. He has also filed an application under Section 151 of CPC read with Section 39 of the Evidence Act, seeking direction for taking medical test of his wife in order to determine her potentiality and fertility, which is essential for decision of petition under Section 12 of the HM Act. The very foundation of the basis of which petition under Section 12 of the HM Act is impotency of the wife and accordingly, in order to substantiate the said ground, the medical test of his wife- respondent is necessary. In support of his contention, medical documents have been filed and petitioner has relied on the decision of Smt. Surbhi Trivedi vs. Gaurav Trivedi (MP No. 4820 of 2018) and order dated 15th NEUTRAL CITATION NO. 2025:MPHC-GWL:18113 2 MP-2286-2025 of February, 2023 passed by learned Single Judge of this Court at Principal Seat Jabalpur in the case of Smt. Vimla Devi vs. Bhuvaneshwar Prasad Mishra (WP No. 8247 of 2016).