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2000 Supreme(Cal) 140

PRABIR KUMAR SAMANTA
BHASWATI SARKAR – Appellant
Versus
ANGSHUMAN SARKAR – Respondent


Advocates Appeared:
L.MONDAL

PRABIR KUMAR SAMANTA, J.

( 1 ) THIS Revisional Application is directed against the Order No. 12 dated 23-6-99 passed by the Court of 4th Additional District Judge, Barasat, 24-Parganas (North) in Matrimonial Suit No. 10 of 1991. By the said order the petition filed by the husband-respondent was allowed by permitting the husband-Opposite Party to undergo medical examination at any Government Hospital or by any other expert at his own costs, choice and responsibility.

( 2 ) ). The wife-petitioner instituted a proceeding under Sections 24 (ii) and 27 (i) (d) of the Special Marriage Act, 1954 against the husband-opposite party alleging inter alia that the opposite party was impotent at the time of marriage, and continued to be so during their joint living and till the date of institution of the proceeding rendering the marriage as void and null. Husband-opposite party entered appearance in the said suit and filed written statement denying the allegations made therein. It was specifically denied that the husband-respondent is not capable of performing marital intercourse as alleged. It was further pleaded that due to initial refusal by the wife-petitioner, the respondent could not have







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