Babu Alias Sanjeevi v. Sangeetha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2026

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and C.M.P.No.1254 of 2026 Babu @ Sanjeevi ... Petitioner vs.

Sangeetha ... Respondent PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the Fair and Decreetal order dated 01.09.2025 made in I.A.No.28 of 2024 in H.M.O.P.No.88 of 2023, on the file of the Family Court, Villupuram.

For Petitioner : Mr.J.Jayan

O R D E R

The Civil Revision Petition is filed challenging the order passed by the Family Court, Villupuram in I.A.No.28 of 2024 in H.M.O.P.No.88 of 2023, dated 01.09.2025 omitting to order examination by Medical Board in the presence of Advocate Commissioner.

1/4

2. The petitioner herein filed original petition in H.M.O.P.No.88 of 2023 seeking declaration that marriage that had taken place between the petitioner and respondent on 06.02.2022 was nullity. The petitioner herein filed an application for examination of respondent by the District Medical Board at the Villupuam Government Medical College Hospital in Mundiyambakkam in the presence of Advocate Commissioner with regard to the controversy whether the respondent is fit to bear a child and whether the respondent has attained puberty.

3. The respondent also expressed her willingness to undergo medical test before the Medical Board and after recording the same, the Family Court by impugned order directed the respondent to appear before the Medical Board, Mundiyambakkam. However, the Family Court did not order medical examination in the presence of Advocate Commissioner as prayed for by the petitioner. Aggrieved by the same, the petitioner has come before this Court.

4. The learned counsel appearing for the petitioner would submit that in order to identify the respondent before the Medical Board, the presence of Advocate Commissioner is necessary and therefore, the Family Court may 2/4

be directed to order medical examination in the presence of Advocate Commissioner.

5. By impugned order, the Family Court ordered medical inspection by Medical Board. In order to ensure the identity of the respondent at the time of medical examination, the respondent shall produce any one of the Government ID Card issued to her like Voter ID, Aadhaar Card, Family Card or Driving License etc., and copy of the same shall be submitted to the Family Court with attestation of the Medical Board along with medical report.

6. With this clarification, the Civil Revision Petition stands disposed of. No costs. Consequently, the connected civil miscellaneous petition is closed.

23.01.2026 Index : Yes / No Speaking order : Yes / No : Yes / No dm To The Family Court, Villupuram.

3/4

S.SOUNTHAR, J.

dm 23.01.2026 4/4