1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.2655 OF 2008 Rajenda Laxman Satale (Deshmukh) Petitioner vs. Lalita Rajendra Satale (Deshmukh) Respondent Mr.A.M.Kulkarni for the petitioner. Mr.Machindra Deshmukh for the respondent. CORAM : R.V. MORE,J. DATED : 17th July, 2008 P.C. Heard the learned counsel for the petitioner and the learned counsel for the respondent. 2. The petitioner-husband filed the proceedings under Hindu Marriage Act, 1955 seeking declaration of nullity of the marriage and in the alternative for dissolution of marriage on the ground of fraud and deformities in the physique of the respondent. In this proceedings, the petitioner made an application at Exhibit "35" seeking to refer the respondent to medical expert for medical examination. This application came to be rejected by the trial court on the ground that defects or disabilities mentioned by the petitioner is neither ground to declare the marriage between the parties as 2 nullity nor for divorce, under Section 12 or 13 of Hindu Marriage Act. I do not see any error or perversity in the approach adopted by the learned Judge. Petition is devoid of any merit and the same is dismissed. 3. Mr.Kulkarni, the learned counsel for the petitioner, submits that in view of the defects,disabilities and deformities in the physique of respondent the marriage has become unworkable and there is irretrievable break down of marriage. He further submits that parties can be referred to the mediator to arrive at an amicable settlement. In my view, the petitioner can make an application or persuade the trial court to appoint mediator for settlement of dispute between the parties. 4. With the above observation, the writ petition is dismissed. There shall be no order as to costs. [R.V. [R.V. [R.V. MORE,J.] MORE,J.] MORE,J.]