The main legal point established is the need for evidence and balanced consideration in resolving marital disputes, particularly in the context of allegations related to health issues affecting marital life.

JUDGMENT

(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed in I.A.No.4 of 2021, in HMOP No.67 of 2020 dated 28.10.2021 on the file of the II Additional Sub Court, Coimbatore.)

This Civil Revision Petition has been preferred to set aside the fair and decreetal order passed in I.A.No.4 of 2021, in HMOP No.67 of 2020 dated 28.10.2021 on the file of the II Additional Sub Court, Coimbatore.

2. Heard the learned counsel for the petitioner as well as the learned counsel for the respondent and perused the materials available on record.

3. The revision petitioner is the wife against whom the respondent husband has filed a petition in HMOP.No.67 of 2020, to declare the marriage as null and void. During the pendency of the proceedings, a petition was filed in I.A.No.4 of 2021, to subject the revision petitioner for medical examination. The said petition was allowed. Aggrieved over that, the petitioner has filed this Civil Revision Petition.

4. The learned counsel for the revision petitioner submitted that the medical examination on the petitioner was ordered to ascertain whether she had taken treatment for her health issues, which is beyond the scope of the pleadings made in the original petition; the respondent had filed a petition in I.A.No.4 of 2021, to refer the revision petitioner to the Medical Board in order to examine about her Hormonal imbalance and irregular periods; according to the revision petitioner, the petition has been filed just to damage the self-esteem of the revision petitioner and that cannot be encouraged; the learned Trial Judge has also ordered for examination of the genital organs of the revision petitioner in the guise of referring the revision petitioner for examining the complaint of hormonal imbalance and menstrual irregularity; though the revision petitioner had admitted the fact of non-consummation of marriage and menstrual irregularity, she has been unnecessarily referred for medical examination.

5. The learned counsel for the respondent submitted that the main allegation made by the respondent against the revision petitioner is that the revision petitioner is unfit for marital life and she did not cooperate with the respondent for conducting happy married life; she herself has admitted that even before marriage, she had irregular periods and hormonal imbalance and for which, she had taken treatment; however, no documents have been produced to show her health condition; since the medical report and examination of her medical condition would help to resolve the issue in dispute, the respondent has filed a petition in I.A.No.4 of 2021 and it has been rightly allowed.

6. The records would show that in the original petition filed by the respondent, he has stated that after marriage, the revision petitioner did not cooperate to have sex and refused for consummation. It is further alleged that the revision petitioner had told the respondent that she had hormonal imbalance and due to which, she is unable to cooperate with him to have sex. The grievance of the respondent is that the petitioner had suppressed about her health condition and other factors and cheated him. On these allegations, he filed a petition to annul the marriage solemnized between the revision petitioner and the respondent on 14.11.2018.

7. In the counter filed by the revision petitioner, it is stated that it is the respondent who was not willing to share the bed with her and even when she asked him to go for medical examination, he did not concede; since the revision petitioner had irregular periods, she informed the respondent and both of them went for medical examination; even on the advise of the doctor, the respondent omitted to produce the report of his sperm count. According to the revision petitioner, the respondent himself felt insecure, but blamed her for his inability.

8. For these kind of allegations, it would have been better if the learned Trial Judge