One month after marriage, wife filed for annulment on ground of my impotency and non-consummation. Councelling and mediation attempts in court failed. Then I filed application for my potency test by medical board.
Putting my application on hold, the FC ordered the parties to consult s*xologist/psychologist.
Is FC entitled to pronounce such order, putting my application for medical board checkup on hold, without request for the same from both parties? If yes, can I challege such order by way of appeal/review mentioning the given below points?
a) During the consultation with s*xologist/psychologist I would have to undego medical tests.
b) The rule of thumb is that compelling a party to undergo medical test is the violation of fundamental rights given by constitution of India, but Supreme Court has granted special power to FCs to pronounce such orders with utmost care only if such medical tests are necessary to findout the medical facts in the case.
c) The present order of FC is violation of the point (b) as it creates the possibility of submitting myself for same medical tests multiple times if the consultation fails and then FC allowes my pending application for potency test by medical board which is necessary to create credible evidence.
d) So, the my application for potency test by medical board should be allowed first because the report frommedical board will become a crediable evidence and there is no need to repeat the same tests even if the counsultation of s*xologist is ordered later.
Please advice.....
