Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 6524 of 2018 Petitioner :- Yugal Pratap Singh Respondent :- Principal Judge, Family Court Firozabad And Another Counsel for Petitioner :- Ashutosh Pratap Singh,Manoj Kumar Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard Sri Manoj Kumar Singh, learned counsel for the petitioner.
Petitioner is before this Court assailing the validity of the order impugned dated 30.8.2018 passed by Principal Judge, Family Court, Firozabad in H.M.P. Case No. 500 of 2016 (Smt. Ritu Yaduvanshi Vs. Dr. Yugal Pratap Singh).
Once the Court has declined to interfere in the order impugned, confronted with the situation, learned counsel for the petitioner states that the petitioner is ready and willing that on the date fixed, he would appear before the Medical Board at S.N.Medical College, Agra for his impotency test but he is only aggrieved that his right to privacy would be infringed, in case, the Advocates are also permitted to be present there at the time of said test.
The argument so advanced by learned counsel for the petitioner has definitely force. As the Principal Judge, Family Court Firozabad has already directed to the petitioner for the impotency test to be conducted by the Medical Board at S.N.Medical College, Agra on the said date, the Court is of the opinion that the same may be conducted in the presence of the Doctors and there is no reason or occasion to permit the Advocates at the said juncture.
Accordingly, the order impugned dated 30.8.2018 is modified to the extent that at the time of carrying out the medical examination of the petitioner, the Advocates would be restrained to be present inside the premises where the Medical Board has to examine and submit the report for impotency test.
The writ petition stands disposed of.
Order Date :- 6.9.2018 A.K.Srivastava