Guidance on Argument Stage/Affidavits/Evidence/Preparation

Originally posted by :SKJ - ADVOCATE
"	No, even making application is defamation which now courts have repeatedly held.	"

Yes. I've read such directive from SC in case of Nacortic test etc. But SC has already directed the family courts to order impotency test if necessary as other wise it would not be possible to prove impotency allegations.

Pl search and read recent HC judgements in the matter.

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?

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

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

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

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.