JAMMU AND KASHMIR HIGH COURT
, J
Mohammad Latief Bhat alias Naik v. Shamima
| Table of Content |
|---|
| 1. the need for medical examination in divorce cases involving impotency. (Para 1 , 6 , 10) |
| 2. arguments for and against mandatory medical testing and implications for privacy. (Para 2 , 4 , 5) |
| 3. judicial authority to balance privacy rights against the necessity for proof in matrimonial disputes. (Para 3 , 8) |
| 4. conclusion of the revision petition affirmed by the court. (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
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