IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 Mat.Appeal.No. 688 of 2007 --------------------------------- AGAINST THE ORDER DATED 03/10/2007 IN IA.756/2007 IN OP.1400/2006 of FAMILY COURT, PALAKKAD .................... APPELLANT/PETITIONER: ------------------------------ K. MANOHARAN, AGED 54 YEARS, S/O. KRISHNAN, PUTHUVAL POTTAVILA VEEDU, PACHALLOOR P.O., THIRUVANANTHAPURAM - 27. BY ADV. SRI.AUGUSTINE JOSEPH SRI.K.S.ROCKEY RESPONDENTS/RESPONDENTS: ------------------------------------- 1. GEETHA, AGED 41 YEARS, D/O. SAROJINI, KURUTTIKUNNATHU VEEDU, KULAPPULLY, SHORNUR, PALAKKAD. 2. SAROJINI, AGED 61 YEARS, W/O. SANKARAN, KURUTTIKUNNATHU VEEDU, KULAPPULLY, SHORNUR, PALAKKAD. BY ADV. SRI.K.B.ARUNKUMAR THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 12/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- MAT. APPEAL No. 688 OF 2007 ----------------------------------------- Dated this the 12th day of February, 2008. J U D G M E N T Kurian Joseph, J. This appeal is filed with the following prayer: i) To quash the impugned order dated 03.10.2007 in IA No. 756/07 in O.P. No. 1400/06 of the Family Court, Palakkad and direct the Superintendent District Hospital, Palakkad to constitute a Medical Board consisting of atleast one Skin and V.D. Specialist and Gynecologist to examine the 1st respondent and report. One of the main grounds taken in the original petition before the Family Court was that the first respondent-wife was suffering from virulent and incurable form of leprosy. The allegation was denied by the wife. Hence the petitioner-appellant filed a petition for a direction to the Superintendent of District Hospital to constitute a Medical Board to examine the wife. The said petition was dismissed by the Family Court and hence this appeal. 2. Learned counsel for the respondents submits that in case the appellant is prepared to meet the expenses for the examination by the Medical Board, the respondents have no objection for the medical examination. Learned counsel appearing M.A. 688/2007 2 for the appellant submits that the expenses for examination by the Medical Board can be met by the appellant. Therefore, there will be a direction to the District Medical Officer, Palakkad to constitute a Medical Board consisting of atleast one Skin and V.D.Specialist and Gynecologist to examine the first respondent. This shall be done within a period of ten days from the date of production of a copy of this judgment by either party. The Medical Board will forward the report to the Family Court, Palakkad within a period of another two weeks. Thereafter, the Family Court will pass appropriate orders in the original petition taking into consideration also the report of the Medical Board, and the original petition shall be disposed of within a period of another three months. The required expenses in connection with the examination by the Medical Board shall be met by the appellant. We direct both parties to appear before the District Medical Officer, Palakkad for the required follow up in the matter on 28.02.2008. This appeal is disposed of as above. KURIAN JOSEPH, JUDGE HARUN-UL-RASHID, JUDGE smp