Sec. 45 of Evidence Act = The grievance of the petitioner is that when the petitioner and respondent went to a Doctor for counselling, the certificate in question was managed to be given stating that he is suffering from passive-aggressive type of personality disorder. Therefore, he filed aforementioned Interlocutory Application for examination of both physical and mental condition of him and respondent by a team of Doctors and the same was dismissed by the Court below. = Revision was closed with a direction to receive and to decide whether the certificate is relevant or not ? =
application filed by the petitioner herein under Section 45 of the Indian Evidence Act, 1872 to examine him by the expert doctors (team of Government Doctors or nominated by the Medical Board of Government of Andhra Pradesh, Hyderabad), and submit a report both physical and mental condition of him and respondent, was dismissed. =
Whether the certificate in question and the medical reports are relevant or not and whether they can be received as evidence are the matters, which are required to be decided by the trial Court during the trial of the case.
It is needless to observe that those medical certificates/reports can be received as evidence subject to relevancy, admissibility and proof.
7. With the above observations, the Civil Revision Petition is disposed of. There shall be no order as to costs.
8. In consequence, miscellaneous petitions pending, if any, in this Civil Revision Petition shall stand closed.
| CRP 301 / 2013 | CRPSR 1761 / 2013 |
|
THE HON’BLE SRI JUSTICE K.C.BHANU
CIVIL REVISION PETITION No.301 of 2013
ORDER:
This Civil Revision Petition, under Article 227 of the Constitution of India, is filed aggrieved by the order dated 07.12.2012 in I.A.No.1066 of 2012 in H.M.O.P.No.50 of 2012 on the file of the Senior Civil Judge, Narsapur, whereunder and whereby application filed by the petitioner herein under Section 45 of the Indian Evidence Act, 1872 to examine him by the expert doctors (team of Government Doctors or nominated by the Medical Board of Government of Andhra Pradesh, Hyderabad), and submit a report both physical and mental condition of him and respondent, was dismissed.
2. Respondent is the legally wedded wife of petitioner. Their marriage was performed on 30.11.2011 as per Hindu rites and customs. Petitioner and respondent were classmates and good friends while studying at Mamatha Medical College, Khammam. According to the petitioner, family members of respondent forced him for the alliance. But, subsequently family members of respondent, hatched up plans and managed a Doctor to get a false certificate declaring that he is suffering from mental disorder and filed the H.M.O.P. for divorce.
3. The grievance of the petitioner is that when the petitioner and respondent went to a Doctor for counselling, the certificate in question was managed to be given stating that he is suffering from passive-aggressive type of personality disorder. Therefore, he filed aforementioned Interlocutory Application for examination of both physical and mental condition of him and respondent by a team of Doctors and the same was dismissed by the Court below.
4. Learned counsel for the petitioner contended that the Doctor, who gave the certificate in question, has not examined the petitioner personally and the petitioner and respondent went to the doctor for counselling but not for any medical examination and therefore, such certificate has no relevance.
5. On the other hand, learned counsel for respondent submitted that both petitioner and respondent went to the Doctor for counselling and after thorough examination only, the Doctor gave the certificate in question and that there are certain other medical reports available in support of the case of respondent.
6. Whether the certificate in question and the medical reports are relevant or not and whether they can be received as evidence are the matters, which are required to be decided by the trial Court during the trial of the case.
It is needless to observe that those medical certificates/reports can be received as evidence subject to relevancy, admissibility and proof.
7. With the above observations, the Civil Revision Petition is disposed of. There shall be no order as to costs.
8. In consequence, miscellaneous petitions pending, if any, in this Civil Revision Petition shall stand closed.
____________________
JUSTICE K.C.BHANU
22nd February, 2013
GHN
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