- 1 - HC-KAR NC: 2025:KHC:34564 WP No. 16048 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 16048 OF 2025 (GM-FC) BETWEEN: O. CHANDRASHEKARA S/O JINNOBAIAH AGE 44 YEARS, COOLIE WORK R/O NERALAGUNTE VILLAGE CHALLAKERE TALUK - 577 536. …PETITIONER (BY SRI R SHASHIDHARA, ADV.) AND: BHARATHI W/O O. CHANDRASHEKARA D/O RAVIMURTHY AGE 27 YEARS R/O NERALAGUNTE CHALLAKERE TALUK - 577 536. …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION, IN THE NATURE OF WRIT, QUASHING THE ORDER PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AT CHALLAKERE IN MC NO.82/2021 ON IA NO.2 DATED 10.02.2025 VIDE ANNEXURE-E TO THIS WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34564 WP No. 16048 of 2025 ORAL ORDER Aggrieved by the order passed in I.A.No.2 in M.C.No.82/2021 dated 10.02.2025 by the Senior Civil Judge and JMFC, Challakere, whereby the Trial Court had dismissed the application filed by the husband under Section 151 of CPC. seeking medical examination of the wife, the husband is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. It is the case of the husband that he had filed M.C. seeking divorce. In that he had filed an application under Section 151 of CPC seeking the medical examination of the wife in the presence of the husband. 4. The Trial Court, by order impugned, had dismissed the application and observed that the husband has not specifically mentioned this aspect in the petition. However, the case is now posted for petitioner evidence. Unless the parties step into witness box and state their case on oath, the Court cannot arrive at any conclusion as to whether there is any requirement of subject him the respondent/wife to medical - 3 - HC-KAR NC: 2025:KHC:34564 WP No. 16048 of 2025 examination or not. Such being the case, the Trial Court finds no sufficient grounds to pass an order directing the respondent/ wife to subject herself to medical examination at this premature stage. 5. Learned counsel appearing for the petitioner/ husband submits that once the wife is sent for medical examination, the grounds that are stated by him that as she was not physically fit to consummate the marriage, he would be able to prove the same. 6. Having heard the learned counsel for the petitioner, perused the material on record. The Trial Court had rightly observed that it is at the premature stage and at this stage, the Court cannot arrive at any conclusion unless the party step into the witness box and state their case on oath. This Court feels that the order passed by the Trial Court is in accordance with law and as the Trial Court has not dismissed the application completely only felt that it is a premature stage. That means at an appropriate stage the petitioner can revive his application. In that view of the matter, this Court finds no reason to - 4 - HC-KAR NC: 2025:KHC:34564 WP No. 16048 of 2025 interfere with the well considered order passed by the Trial Court. Hence, this Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed. ii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 10