“Relief Cannot Be Denied Merely Because Marriage Was Denied”: High Court Sets Aside Lower Court’s Decision, Directs Medical Examination in Marriage Annulment Case
In a significant ruling, the Hon’ble Ms. Justice B. S. Bhanumathi allowed a Civil Revision Petition under Article 227 of the Constitution, setting aside a lower court’s refusal to direct medical tests for assessing potency in a marriage annulment case.
The case involved a senior Medical Officer petitioning for the annulment of her marriage with a former MLA and active politician, alleging impotency on the respondent’s part, among other claims. The respondent denied the marriage and countered with allegations of blackmail.
“Relief cannot be denied merely because the marriage was denied,” the High Court stated that despite the respondent’s denial of the marriage, the matrimonial court has the power to order a person to undergo medical tests, and this doesn’t violate the right to personal liberty under Article 21 of the Constitution.
The High Court also cited a Supreme Court ruling in the case of Sharda v. Dharmpal, asserting that a court should exercise the power to direct medical tests only if the applicant has a “strong prima facie case and there is sufficient material before the Court.”
The Family Court in Kurnool had earlier dismissed the petitioner’s interim application, contending that the timing of filing for medical tests was inappropriate and the evidence produced only showed a ceremony of betrothal, not an actual marriage.
Justice Bhanumathi said, “It is a matter of appreciation of evidence after the trial is concluded, as to whether the petitioner is able to prove the marriage or not,” directing the trial court to proceed with medical tests to determine the potency of the respondent.
This decision has highlighted the significance of the court’s power to order medical tests in matrimonial disputes and has set a precedent for future cases where the existence of marriage itself is disputed.
The ruling has been met with mixed reactions, but legal experts believe it could pave the way for more comprehensive and fair adjudications in similar matrimonial disputes.
“There shall be no order as to costs,” concluded the High Court, laying down its decision on the revision petition.
Date of Decision: 21.08.2023
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