Wife has filed divorce on the ground of impotency . High court disallows husband prayer for medical test. Supreme court allows the appeal and affirm the trial court order for husband to undergo potentiality test
SUPREME COURT OF INDIA
DEEP MUKERJEE VERSUS SREYASHI BANERJEE. (Reported Judgment)
Hindu Marriage Act Section 9 and 13(1) (ia) Divorce -The case involves a marital dispute where the husband filed for restitution of conjugal rights, and the wife sought a divorce on grounds of the husband’s impotency – The primary issue is the challenge against the High Court’s order which set aside the Trial Court’s decision to subject both parties to medical tests – The husband is willing to undergo a potentiality test and challenges the High Court’s decision to set aside the Trial Court’s order – The wife opposes undergoing any tests,
including fertility or mental health check-ups, and contends she cannot be compelled to do so – The Supreme Court finds no cogent reason from the High Court as to why the husband should not undergo the potentiality test – The Supreme Court partially allows the appeals, upholding the Trial Court’s order for the husband to undergo the medical test, with the High Court’s order modified accordingly.
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DEEP MUKERJEE VERSUS SREYASHI BANERJEE JUDGMENT THE LAW LITERATES
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