THE HON’BLE SRI JUSTICE V ESWARAIAH C.R.P. NOs. 314 & 339 OF 2010 DATE:11.3. 2011 CRP 314 OF 2010 BETWEEN: Godavarthi Ravi petitioner And Atluri Durga Bhavani respondent Counsel for the petitioner : Mr V. Mallik Counsel for the respondent: The Court made the following order: THE HON’BLE SRI JUSTICE V ESWARAIAH C.R.P. NOs. 314 & 339 OF 2010 COMMON ORDER: These two revisions arise out of orders dated 21.8.2009 in I.A. Nos. 393 and 392 of 2009 respectively in O P No. 416 of 2008 on the file of the Additional Family Court, Visakapatnam. The revision petitioner is husband. The respondent herein/wife filed the above stated two interlocutory applications i.e., I.a. No. 393 of 2009 under section 45 of the Indian Evidence Act to send the petitioner herein-husband to the mental hospital for testing his mental ability and I.A. No. 393 of 2009 under Section 45 of the Indian Evidence Act to send the petitioner herein-husband to KGH Medical Board for potency test. The Court below upon consideration of the matter and following the decision of the Supreme Court in Sharada Vs.Themopal[1] wherein it was held that Court can compel the respondent to be examined by a Doctor and there is no infringement of right of personal liberty or the fundamental rights, allowed said applications. Hence, the present revision petitions. Leaned counsel for the petitioner submitted that the petitioner has already undergone medical test at Government General Hospital, Kakinada and obtained a medical certificate with an endorsement by the Government Doctor that ‘Genitals well developed, seen sexual characters well developed’ and contends that there is no necessity for once again sending the petitioner for any physical or mental test. Heard the learned counsel for petitioner and Smt Anjana Devi Satyanarayana for respondent. It is to be noted that the contention of petitioner undergoing a medical test and submission of a certificate was raised before the Court below and the same was disputed by the respondent-wife stating that such a certificate might be obtained from his nearest Doctor and it is necessary to send the respondent-husband for examination of expert at K.G.Hospital or to any mental hospital. The Court below on consideration of the matter , following the judgment of the Supreme Court in Sharada case (cited supra) has allowed the applications directing the petitioner-husband to undergo mental test and potency test, which cannot be said to be an illegal order warranting interference of this Court. Further this Court is of the opinion that there cannot be any hesitation or objection for the petitioner-husband to undergo such tests. The revision petitions fail and accordingly the same are hereby dismissed. No costs. ______________ V ESWARAIAH,J DATE: 11.3.2011 TVK THE HON’BLE SRI JUSTICE V ESWARAIAH C.R.P. NOs. 314 & 339 OF 2010 DATE: 11.3.2011 [1] 2003 (ALD) (1) SC