In a matrimonial dispute regarding incapacity, the petitioner sought a writ direction to the AIIMS for furnishing a potency report. The High Court dismissed the application, holding that the matter was sub judice before the Family Court and the petitioner should approach that court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.25403 of 2013
====================================================== Kumari Anuradha D/O Devendra Prasad Thakur W/O Aamod Kumar Resident Of Village- Harpur, P.S.- Sakra, Distt.- Muzaffarpur At Present Residing At Mohalla- Kalambag Road, P.S.- Kazi-Mohammadpur, Distt.Muzaffarpur
.... .... Petitioner/s Versus 1. The Union Of India, Through The Cabinet Secretary, Govt. Of India, New Delhi 2. The Secretry, Deptt. Of Health And Family Welfare, Govt. Of India, New Delhi 3. The Director, All India Institute Of Medical Sciences, Ansari Nagar, New Delhi 4. The Medical Superintendent, All India Institute Of Medical Sciences, Ansari Nagar, New Delhi 5. The Administrative Officer (H), All India Institute Of Medical Sciences, Ansari Nagar, New Delhi. 6. The State Of Bihar Through The Principal Secretary, Deptt. Of Health And Family Welfare, Govt. Of Bihar, Patna 7. Aamod Kumar S/O Gopal Prasad Singh Resident Of Village- Belwar, O.P.- Belwar, P.S.- Vaishali, Distt.- Vaishali At Present C/O Section Engineer, Telecom Deptt. Of Railway, Tata Nagar, Singhbhum, Jharkhand
.... .... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Verma For the Respondent/s : Mr. Harish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 03-04-2014 Heard Mr. S. K. Verma for the petitioner. The petitioner is the wife of respondent no.7. In the case being Matrimonial Case No.100 of 2008 filed by her husband under section 9 of the Hindu Marriage Act a ground was taken by the petitioner that the husband was incompetent to cohabitate. Both the parties were directed to be medically examined at
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AIIMS, New Delhi in order to test/ascertain whether they are potent or impotent by order dated 21.07.2012 (Annexure-6) passed by the learned Family Court in seisin of the matrimonial dispute.
The contention of the petitioner is that the report of the medical test/examination of her husband at AIIMS, New Delhi has not been furnished to the Court. In the meanwhile, by order dated 12.06.2013 (Annexure-9), the petitioner was directed by the learned court to live with the applicant i.e. husband.
It appears that the petitioner has moved the court of Principal Judge, Family Court, Muzaffarpur for an order for production of the medical report by the AIIMS. In such circumstances, the present writ application has been filed seeking a direction upon the concerned respondent to furnish the potency report of both the petitioner and her husband to the learned court below.
In my view, this Court in the writ jurisdiction cannot pass any such order. The matter is sub judice before the learned family court. The petitioner can very well approach the court in seisin of the matter and pray for appropriate relief.
The order present should not be construed as an opinion of this Court that the petitioner, irrespective of the attending facts of the case, is entitled to get the report summoned
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and exhibited in the proceeding. It is for the learned court below to consider and pass an appropriate order if any such application is filed in accordance with law.
The application stands disposed of.
(Kishore Kumar Mandal, J)
HR/-
1 issue framed by the court
Whether this Court in its writ jurisdiction can pass an order directing the furnishing of a potency report when the matter is sub judice before the Family Court.
Kumari Anuradha D/O Devendra Prasad Thakur
Union Of India
Aamod Kumar
Kishore Kumar Mandal
As recorded by the court registry
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