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august 2009

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.

Lalit Kishore vs Meeru Sharma & Anr · Niyam