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Guidance on Argument Stage/Affidavits/Evidence/Preparation

Page no : 2

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     13 October 2010

Pl search and read recent HC judgements in the matter.


(Guest)
There are SC rulings that family court has the power to compel a husband to undergo an impotency test and in case of refusal, adverse inference can be drawn against him. As far as i know there is no use of refering all HC judgements except his own state bcoz SC judgements are binding to all HCs, but HC judgements are not binding to other HCs. So, I just wonder whats wrong in courts ordering impotency test? and Can husband successfully challenge such order in HC?

(Guest)
or Does it mean that at least minimum evidence should be submitted from wife's side to get order for impotency test from court?

Jamai Of Law (propra)     13 October 2010

Referred Case Laws:

if 'rationale behind the verdict' which is described in the judgement ................if that is matching and  relevant w.r.t  the case under question then and then only SC citations are binding....

 

Pls read old topics on LCI. There was another posting also by someone. Prabhakarji and many others had written  that.

 

Correct me if I am wrong

Jamai Of Law (propra)     13 October 2010

Above post was as a reply to Sonu and not to munaabhai

valentine (Advocate)     13 October 2010

Nobody can be compelled for medical examination. There is a section in the law but at the moment I can't recollect. However, it is true that the denial may result in court presuming impotency of the husband.


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