PUSHPENDRA SINGH THAKUR Vs. MAMTA THAKUR

JUDGEMENT

(1.) The applicant/husband has directed this revision under Section 397/401 of Cr.P.C. against the order dated 17.10.2011 passed by Judicial Magistrate First Class Budhni, District Sehore in MJC No. 47/05, whereby, his application filed under Section 45 of the Evidence Act for appropriate direction to carry out the "karyotype" investigation of the respondent through some expert of the medical filed, has been dismissed. The facts giving rise to this revision in short are that the respondent herein filed an application under Section 125 of Cr.P.C. contending that she got married with the applicant in the year 1994 in accordance with the rites and rituals of Hindu community. Subsequent to marriage she has been neglected and refused by the respondent without any sufficient cause and under such compulsion, she is residing separately. In this regard by stating some other averments, the prayer for monthly maintenance is made.

(2.) In reply of the respondent by denying the averments of the application in addition, it is stated that the respondent is not a lady as such she is having the character of Hermaphroditism [Ubhaylingata] and in such premises, the alleged marriage being null and void, she could not be treated to be the wife of the applicant and in such premises, is not entitled to get any relief of maintenance as prayed.

(3.) In the course of trial, on behalf of the respondent as many as four witnesses namely Mamta Thakur (PW-1) herself, her father Ramesh Thakur (PW-2), Madanlal Yadav (PW-3) and Dr. Sunita Pandey (PW-4) have been examined while, on behalf of applicant herein, as many as six witnesses namely Pushpendra Singh Thakur (NAW-1), applicant himself, Dr.(Smt.) Archana Baser, (NAW-2), Dr. R.K. Sodani (NAW-3), Dr. Ranjana Hawaldar (NAW-4), G.K. Yadav, (NAW-5) and Ajay Garg (NAW-6), have been examined.