IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
, J
Mohammad Latief Bhat alias Naik v. Shamima
| Table of Content |
|---|
| 1. overview of the case and context for divorce on grounds of impotency. (Para 1 , 5) |
| 2. arguments concerning medical examination violation of privacy. (Para 2 , 4) |
| 3. court's considerations on necessity and rights in marital cases. (Para 6 , 8) |
| 4. final ruling supporting the medical examination order. (Para 9 , 10) |
| 5. conclusion of dismissal of the revision petition. (Para 11 , 12) |
1.This revision petition is directed against the order dated 3-4-2010 passed by the Court of Munsiff, Kangan, where under petitioner (defendant) has been directed to be examined by the Medical Board to be constituted by the Chief Medical Officer so as to ascertain as to whether petitioner (defendant) is potent or not.
2. It is the contention of learned counsel for the petitioner that the petitioner under any circumstances cannot be ordered to subject himself to the medical test for being ascertained his position of potency. It is projected that subjecting the petitioner to medical examination violates his right of privacy so offends Art.21 of the Constitution. In support of this contention, learned counsel has referred to the judgment captioned Ghulam Mohammad Khan v. Mst. Hasina passed by t
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