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Judgment
C.Pratheep Kumar, J.
This is a petition filed by the petitioner in I.A.2/2024 in O.P.69/2023 on the file of the Family Court, Aluva, against the order dated 29.1.2024 dismissing the above I.A.
The petitioner/wife is the respondent in the above O.P. The above O.P was filed by her husband seeking divorce on the ground of cruelty. The petitioner filed the above I.A. praying for conducting her medical examination by a Medical Board to ascertain whether she is suffering from any frigidity or constant aversion to sex or any similar conditions.
The respondent filed counter stating that he has no case that the petitioner is suffering from any mental or medical conditions which resulted in frigidity or constant aversion for the petitioner to have sex. According to the respondent, his allegation is that the petitioner has wilfully refused to have sex with him. After hearing both sides, the learned Family Court dismissed the application as per the impugned order.
Before this Court also the learned counsel for the petitioner contended that examination of the petitioner by a Medical Board is necessary for the purpose of determining the dispute involved in the case.
In the impugned order, the Family Court has specifically stated the contention raised by the petitioner in the O.P against the petitioner herein.
The case of the husband is that the wife is wilfully refusing to have sex with him. He has no case that the petitioner is suffering from any medical condition. In view of the nature of the husband's contention, there is absolutely no meaning in examining the petitioner by a Medical Board to ascertain whether she was suffering from any frigidity or aversion to sex. It is also not clear whether a medical examination can reveal the facts pleaded, the existence or otherwise of which has to be established on the basis of evidence to be adduced before the Court. Therefore, we do not find any irregularity or illegality in the impugned order passed by the Family Court and as such, this Petition is liable to be dismissed.
In the result, this Original Petition is dismissed.