Supreme Court of India · 2009-08-04
LALIT KISHORE vs MEERU SHARMA
- Citation / case number
- SC 2009/989
- Court
- Supreme Court of India
- Petitioner
- LALIT KISHORE
- Respondent
- MEERU SHARMA
- Author
- 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, despite the absence of an express provision in the Hindu Marriage Act. The Court emphasized that such an examination could aid in ascertaining the truth regarding a party's mental condition, which is essential for justice in matrimonial disputes. Consequently, the Court set aside the High Court's order and allowed the husband's application for his wife's medical examination.