Sujit Narayan Prasad, J. - (1.) This writ petition is under Article 227 of the Constitution of India wherein the order dated 05.09.2018 passed in Matrimonial Title Suit No.270 of 2013 is under challenge whereby and whereunder the petition filed by the petitioner/plaintiff dated 09.04.2018 under Order XXXII-A Rule 5 r/w Section 151 of Code of Civil Procedure has been rejected wherein a direction was sought for for medical examination of the respondent/wife.
(2.) The brief facts of the case of the petitioner as per the pleading made in the writ petition is that the marriage between the petitioner/plaintiff/husband and the respondent/wife was solemnized on 15.02.2004 and thereafter they have started residing together in the petitioner's house at Khunti but the respondent/wife did not indulge in any sexual intercourse with the petitioner/husband on the nuptial night and afterwards.
(3.) The petitioner however attempted to make sexual intercourse with the respondent but the respondent only once had sexual intercourse with the petitioner that too was one sided and whenever the petitioner had attempted, the respondent has refused, therefore, it is the allegation of the petitioner that the respondent is not in capacity to consummate the marriage. The further fact is that the respondent has lodged a criminal case being Khunti P.S. Case No.64 of 2009 for commission of offence under Section 498-A of Indian Penal Code and under Section 3/4 of Dowry Prohibition Act against the petitioner and his family members but subsequently the matter was compromised on 01.02.2010 and on the basis of the terms of compromise the case was disposed of vide order dated 12.05.2010.;