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1999 Supreme(Raj) 1489

R.R.YADAV
Sharda – Appellant
Versus
Dharmpal – Respondent


Advocates:
For the Revisionist:Mr. Dinesh Maheshwari, Advocate.

JUDGMENT

1. 1. Heard.

2. Perused the order impugned.

3. In a divorce petition under section 13 of the Hindu Marriage Act, 1955 filed on the ground of mental disorder, the plaintiff- husband-non petitioner moved an application to the effect that his wife, the present revisionist, is of unsound mind, therefore, her medical examination is necessary in the interest of justice. The aforesaid application for medical examination was moved by the non petitioner- husband after he was examined on oath before the Court wherein he has deposed to the effect that the revisionist is of unsound mind.

4. The learned trial Court after giving cogent and convincing reasons allowed the application for medical examination of the revisionist aggrieved against which she has filed this revision.

5. It is contended by the learned counsel for the revisionist that unless some prima facie evidence is gathered by the learned trial Court relating to the revisionist's unsound mind, her medical examination cannot be ordered.

6. Indisputably before passing the order impugned for medical examination of the revisionist the learned Additional District Judge No. 1 Hanumangarh, Camp at Sangaria has examined the non petitione









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