DEEP MUKERJEE versus SREYASHI BANERJEE

DEEP MUKERJEE versus SREYASHI BANERJEE

When the husband is willing to undergo a potentiality test, the High Court should not have set aside the Trial Court order directing such a test; the Trial Court's order directing the husband to undergo the medical potentiality test is to be maintained and the High Court order is modified to that extent.

Parties
Appellant (husband): Deep Mukerjee; Respondent (wife): Sreyashi Banerjee
Jurisdiction
India
Judgment Date
05 April 2024
Procedural Posture
Civil Appeal / Appeal to Supreme Court From High Court Order; Leave Granted
Outcome
Appeals partly allowed
Legal Topics
Non Consummation of Marriage, Impotency, Potentiality Test, Fertility Test, Psychological/mental Health Test, Restitution of Conjugal Rights, Divorce Under Section 13(1)(ia)
Matrimonial Law Evidence Civil Procedure Non Consummation of Marriage Impotency Potentiality Test Fertility Test Psychological/mental Health Test +2 more

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Parties

Deep Mukerjee

Appellant (husband)

Sreyashi Banerjee

Respondent (wife)

Procedural Posture

Civil Appeal / Appeal to Supreme Court From High Court Order; Leave Granted

Legal Issues

  1. 1 Whether the husband can be directed to undergo a potentiality test when he is willing to do so
  2. 2 Whether the wife can be compelled to undergo fertility or psychological/mental health tests when she is unwilling
  3. 3 Whether the High Court was justified in setting aside the Trial Court order directing medical tests

Ratio Decidendi

When the husband is willing to undergo a potentiality test, the High Court should not have set aside the Trial Court order directing such a test; the Trial Court's order directing the husband to undergo the medical potentiality test is to be maintained and the High Court order is modified to that extent.

Court Disposition

Appeals partly allowed

Orders

  • Trial Court order dated 27.06.2023 upheld insofar as it directs the appellant/husband to undergo the potentiality test
  • The potentiality test shall be conducted in the manner indicated by the Trial Court within four weeks from the judgment and the medical board report shall be submitted within two weeks thereafter