The power to order a person to undergo a medical test in a divorce case can only be exercised when the applicant has a strong prima facie case and there is sufficient material before the court.

1. The Respondent/Husband in O.P. 429 of 2009 on the file of the II Additional Family Court, Chennai, is the Revision Petitioner.

2. The Respondent herein filed the above O.P. No. 729 of 2009 for divorce on the ground of cruelty and in that case, she filed I.A. No. 3004 of 2010 to direct the Husband, the Petitioner herein to subject himself to examination by an Medical Expert in psychiatry by sending him to the Director of Institute of Mental Health, Kilpauk, Chennai or any other related science such as Andrologist and that Petition was allowed by the Court below and aggrieved by the same, this Revision is filed.

3. Mr. J.R.K. Bhavanantham, the learned Counsel for the Revision Petitioner submitted that the Court below without properly appreciating the grounds on which the Petition was filed by the Respondent/Wife for divorce and without properly appreciating the personal liberty of the Petitioner, erred in allowing the Application filed by the Respondent/Wife herein and therefore, the Order is liable to be set aside.

4. The learned Counsel further submitted that in the Petition filed by the Respondent/Wife, she only Complained act of cruelty by the Petitioner and his mother and no allegation has been made against the Petitioner about his mental capacity or physical inability or physical disability and therefore, in the absence of any such allegation in the Petition, the Court below ought not to have entertained the Application filed by the Respondent.

5. On the other hand, Mrs. K. Sumathi, the learned Counsel for the Respondent submitted that the Court below has rightly appreciated the facts and allowed the Application and it is stated by the Respondent herein in her Petition that the Husband, the Revision Petitioner herein was not fit for physical relationship and the marriage was not consummated due to the behavior of the Petitioner herein and therefore, to find out whether the Petitioner is suffering from any psychological imbalances, which prevent him from having normal marital relationship with the Respondent, he has to be examined by a qualified psychiatrist and for that purpose, the Application was filed and hence, the order of the Court below need not be interfered with.

6. The learned Counsel for the Respondent further relied on the judgment of the Hon'ble Supreme Court reported in the case of Sharda v. Dharmpal, 2003 (2) CTC 760 (SC) : AIR 2003 SC 3450, in support of her contention.

7. To appreciate the contention of the parties, we will have to see the pleadings in this case.

8. As stated supra, the Respondent/Wife filed the Petition for divorce on the ground of cruelty. It is stated clearly in Paragraph 4 that the Petition is filed for divorce on the ground of cruelty. It is stated in Paragraph 8 that the Husband did not indulge in any physical relationship on the nuptial night and though, the parties went on Honeymoon, the Husband did not evince any interest towards her and the marriage was not consummated. It is further stated that the Husband never cared and expressed any love by thoughts or words or deeds and there was no happy interaction between the couple. The allegations about the mother of the Petitioner herein were made in Paragraphs 10 & 11 and it was stated that the Husband never bothered to protect or care or supported his Wife and in Paragraph 17, the Wife made allegation against the sister of the Husband and a reading of the Petition filed by the Wife would make it clear that the Husband was indifferent towards his Wife and she was not happy in living with her Husband and as a matter of fact, on 11.1.2008, her Husband sent a Legal Notice for mutual consent for divorce, wherein he has also admitted that the marriage was not consummated, but he blamed his Wife for the non-consummation of their marriage and that notice was also suitably replied. Therefore, in the Petition, no allegations were made by Wife about the mental condition of the Husband or misbehavior or behavior which lead to a presum