Supreme Court of India · 2009-08-04
Lalit Kishore vs Meeru Sharma & Anr
- Citation / case number
- AIR 2010 SUPREME COURT 1240
- Court
- Supreme Court of India
- Petitioner
- Lalit Kishore
- Respondent
- Meeru Sharma & Anr
- Author
- Tarun Chatterjee
- Bench
- R.M.Lodha, Tarun Chatterjee
Judgment text excerpt
The Supreme Court held that the Family Court has the inherent power under Section 151 of the Code of Civil Procedure to order a medical examination of a party in matrimonial proceedings, even in the absence of explicit statutory provisions. The Court emphasized that such an examination could facilitate the truth-finding process regarding the mental condition of the wife-respondent. Consequently, the Court set aside the High Court's order rejecting the husband's application for medical examination and allowed the appeal.