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august 2009

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.

LALIT KISHORE vs MEERU SHARMA · Niyam