Case Note & Summary
The case arises from a matrimonial dispute between Deep Mukerjee (appellant/husband) and Sreyashi Banerjee (respondent/wife). The parties were married on 23.07.2013 and lived together in the UK for 7½ years before returning to India. They separated in April 2021. The husband filed a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, while the wife filed for divorce under Section 13(1)(ia) on the ground of non-consummation due to the husband's impotency. During the proceedings, the husband filed I.A. Nos. 8 & 9 of 2023 under Section 45 of the Indian Evidence Act read with Section 151 CPC, seeking a potentiality test for himself and fertility and mental health tests for the wife. The Trial Court allowed the applications, directing a medical board to conduct the tests and submit a sealed report. The wife challenged this order before the High Court, which set aside the entire order without assigning cogent reasons. The Supreme Court, while hearing the appeal, noted that the husband was willing to undergo the potentiality test and that the High Court had not provided adequate reasons for setting aside the order regarding the husband's test. The Court held that the High Court should have upheld the Trial Court's order to the extent of the husband's potentiality test. Accordingly, the Supreme Court allowed the appeals in part, maintaining the Trial Court's order only for the husband's potentiality test, to be conducted within four weeks, with the report submitted within two weeks thereafter. The impugned High Court order was modified to that extent.
Headnote
A) Family Law - Medical Examination in Matrimonial Disputes - Section 45 Indian Evidence Act, 1872 read with Section 151 CPC - Husband's Willingness for Potentiality Test - The husband filed applications for medical tests including potentiality test for himself and fertility and mental health tests for the wife in a divorce proceeding where the wife alleged non-consummation due to husband's impotency. The Trial Court allowed the applications, but the High Court set aside the order. The Supreme Court held that when the husband is willing to undergo the potentiality test, the High Court should have upheld the order to that extent. The Court allowed the appeals in part, maintaining the Trial Court's order only for the husband's potentiality test. (Paras 7-9) B) Family Law - Compulsion of Medical Tests - Section 13(1)(ia) Hindu Marriage Act, 1955 - Wife's Refusal for Fertility and Mental Health Tests - The wife opposed undergoing fertility and mental health tests. The Supreme Court did not compel the wife to undergo such tests, as she was not willing. The Court's decision was limited to the husband's potentiality test, respecting the wife's refusal. (Paras 7-9)
Issue of Consideration
Whether a party can be compelled to undergo medical tests (potentiality, fertility, mental health) in a matrimonial dispute, and whether the High Court erred in setting aside the Trial Court's order directing such tests when the husband was willing to undergo the potentiality test.
Final Decision
The Supreme Court allowed the appeals in part, maintaining the Trial Court's order dated 27.06.2023 only insofar as it directs the appellant/husband to undergo a medical test to determine his potentiality. The test is to be conducted within four weeks, and the report submitted within two weeks thereafter. The impugned High Court order stands modified to that extent.
Law Points
- Section 45 of the Indian Evidence Act
- 1872
- Section 151 CPC
- Section 9 and Section 13(1)(ia) of the Hindu Marriage Act
- 1955
- Sharda vs. Dharmpal (2003) 4 SCC 493
- Medical examination in matrimonial disputes
- Consent for medical examination
- Willingness to undergo test
