COMMON ORDER

These petitions have been filed to allow the Civil Revision Petitions by setting aside the fair and decretal order dated 19.04.2022 passed in I.A.Nos.3 & 4 of 2022 in HMOP.No.1 of 2016 on the file of the Sub-Court, Perundurai.

2. These petitions have been filed challenging the order passed by the Court below in allowing the petitions for re-opening the case and directing the petitioner to undergo medical test.

3. The respondent/husband originally filed a petition for divorce on the ground of cruelty. The trial in the matter was already commenced. At the fag end of trial, the respondent/husband filed an amendment application seeking to include one more ground namely Section 13(1) (V) of the Hindu Marriage Act (suffering from venereal disease) and the said amendment application was allowed by the Court below. Challenging the allowing of amendment application, the petitioner herein had preferred a revision in CRP. No.4215 of 2019 and the same came to be dismissed by this Court. At that time of dismissing the revision, this Court directed the Court below to permit the petitioner/wife to lead evidence and also for cross examine the witnesses with regard to the grounds raised by way of amendment.

4. Subsequently, the respondent herein, has come up with the applications for re-opening the case and also directing the petitioner to undergo medical test. The Court below allowed these applications and aggrieved by same, the petitioner/wife is before this Court by way of these revisions.

5. The learned counsel for the petitioner submitted that these applications were filed by the husband belatedly. The petitioner amended the original petition for inclusion of a ground, as if the wife was suffering venereal disease, however, the present application has been filed to direct the wife to undergo medical test for HIV.

6. After allowing of the amendment, the respondent is entitled to lead evidence with regard to the other ground raised by him. Therefore, there is nothing wrong in re-opening the case to enable both the parties to lead evidence. As per the contention raised by the learned counsel for the petitioner, the respondent/husband sought divorce on the ground that the wife is suffering from venereal disease, however he filed the present petition to direct the wife to undergo medical test for HIV. The venereal disease is a generic expression, which include HIV positive cases. HIV is a specific expression. Therefore, in order to afford an opportunity to the husband to lead evidence with regard to the additional ground raised by him by way of these applications, the applications have to be allowed and the same have been rightly allowed by the Court below. Therefore, I do not find any illegality or irregularity in the order passed by the Court below.

7. Accordingly, these Civil Revision Petitions are dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

22.09.2022 Index : Yes / No Internet : Yes / No dna To The Sub-Court, Perundurai.

S.SOUNTHAR , J.

dna and CMP.No16154 of 2022

22.09.2022