Sharda vs Dharmpal

The Supreme Court addressed whether a party in divorce proceedings can be compelled to undergo a medical examination, ruling that such compulsion violates the right to personal liberty under Article 21 of the Constitution of India. The Court held that without a specific empowering provision, a court cannot mandate a medical examination against a party's will, and if a party refuses, the court may only draw an adverse inference. The judgment emphasized the need for explicit statutory authority in matrimonial matters, particularly under Sections 5, 12(1)(b), and 13(1)(iii) of the Hindu Marriage Act, 1955.