IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE HIRDESH ON THE 18^th OF AUGUST, 2025 MISC. PETITION No. 2286 of 2025 RAHUL KAURAV Versus NISHA KAURAV W/O RAHUL KAURV Appearance:

Shri Chetan Kanungo - Advocate for the petitioner.

Shri Anuraj Saxena, Advocate for respondent.

ORDER This is a misc. petition under Article 227 of the Constitution of India , assailing the order dated 12-04-2025 (Annexure P-1) passed by Principal Judge, Family Court, Gwalior in Case No. 1308 of 2023 (HMA).

It is the case of petitioner that his marriage with respondent was solemnized on

13-12-2022 at Gwalior. He had filed a petition under Section 12 of the Hindu Marriage Act for declaring the marriage as null and void on the ground that his wife- respondent has a medical condition of Hypo-plastic uterus/rudimentary uterus and primary amenorrhea and she is not capable of having cohabitation and get pregnant. He has also filed an application under Section 151 of CPC read with Section 39 of the Evidence Act , seeking direction for taking medical test of his wife in order to determine her potentiality and fertility, which is essential for decision of petition under Section 12 of the HM Act.