K. Kannan, J.—The revision is against the order directing a medical examination to be conducted on the wife on a plea by the husband that the wife is suffering from such a serious mental illness which is of incurable kind and that he cannot be expected to live with her. The petition is filed under Section 12 of the Hindu Marriage Act, 1955, seeking for annulment of marriage by contending that the fact of mental illness had been suppressed and the petition has been filed within the time permitted by law for annulment. The Court has allowed the application despite an objection taken by the wife. The wife is not prepared to subject herself to any medical examination.

2. The counsel for the petitioner would contend that there is no scope for a judicial compulsion for medical examination. The counsel for the respondent states that the petitioner never appears in Court and she has been deliberately staying away from the Court process to prevent the Court from eliciting the best evidence which is possible. The counsel would rely on the judgment of the Supreme Court in Lalit Kishore v. Meeru Sharma and another, 2010 AIR SC 1240. that held that although the Hindu Marriage Act