Order for medical checkup returned citing non availability of doctors.
Guest
(Querist) 29 April 2013
This query is : Resolved
I had filed IA for my medical checkup by medical board consisting of Physician,Urologist, and Psychiatrist to disprove her allegation of non-consummation due to my physical and mental unfitness for married life. It was allowed by court, but the order returned from district medical college on account of non availability of Physician and Psychiatrist. But, I came to know from some reliable sources that all those specialists are available in Medical college but still court order for my checkup returned by medical college superintendent citing non availability of doctors!
On next date, the court posted the case for taking steps from my side.
So, in this situation, what steps are supposed to be taken from side?
Should I file fresh IA, specifying the requirement only ie. to disprove the allegation of non-consummation due to physical & mental unfitness, but without specifying the doctors/specialties, to constitute new medical board consisting of necessary doctors?
Or, should I file fresh IA for medical checkup by Urologist only who is already available? If yes, can she raise the allegation of mental unfitness at later stage?
Devajyoti Barman
(Expert) 29 April 2013
The second option is more viable. You can anyway opt for first option at any point of time.
Guest
(Querist) 29 April 2013
@Devajyoti
Even in the counter filed for my IA for medical checkup, she has clearly mentioned that I am psychologically impotent even if I am physically potent.
So, in this situation, should I opt second option as its sure that she will raise psychologically impotency at next stage?
Guest
(Expert) 29 April 2013
Are you fighting the case yourself or through a lawyer? What your own lawyer has advised you? If you are representing your own cas, better hire some good lawyer to defend your case, as you cannot win the case, by bits of advice on the basis of your casual queries, like the present one.
Also, if she has mentioned that you are psychologically impotent, what proof she is likely to produce against you in support of her allegation?
Guest
(Querist) 29 April 2013
My lawyer's advice it to file fresh IA for medical check up by only Urologist in district medical college/district general hospital. I trust my advocate but I'm asking this query here for more options from the experts. Many heads can be better than one!
Guest
(Expert) 29 April 2013
You have not replied the 2nd part of my query. Reply that part only after consulting your own lawyer.
Devajyoti Barman
(Expert) 29 April 2013
Apply for appointment of both experts then.
Raj Kumar Makkad
(Expert) 30 April 2013
No more to add in the light of detailed replies of the senior experts.
