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2003 Supreme(Raj) 259

V.N.KHARE, S.B.SINHA, A.R.LAKSHMANAN
Sharda – Appellant
Versus
Dharmapal – Respondent


Advocates Appeared:
Naresh Kaushik, O.P. Arya, Ms. Shilpa Chohan, B.W. Dayal and Ms. Lalita Kaushik, Advocates, for Appellant Nanita Sharma and Vivek Sharma, Advocates, for Respondent

Honble SINHA, J.–Whether a party to a divorce proceeding can be compelled to a medical examination is the core question involved in this appeal. This question arises out of a judgment dated 17.11.1999 passed by the High Court of Judicature for Rajasthan at Jodhpur in S.B. Civil Revision Petition No.1414/99 dismissing an application filed by the appellant herein questioning an order of the Addl. District & Session Judge No. 1 Hanumangarh Camp Sangaria dated 8.10.1999 directing to submit herself to medical examination on the question as to whether she is of unsound mind.

(2). The parties herein were married on 26.6.1991 according to - the Hindu rites. On or about 3.6.1995, the respondent filed an application for divorce against the appellant under Secs. 12(1)(b) and 13(1)(iii) of the Hindu Marriage Act, 1955. He filed an application seeking directions for medical examination of the appellant on 5.05.1999. The appellant objected thereto inter alia on the ground that the Court had no jurisdiction to pass such directions. By an order dated 8.10.1999 the said application was allowed directing the appellant to submit herself to the medical examination. Aggrieved by the said order, she file




































































































































































































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