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2010 Supreme(MP) 895

S.K.GANGELE, PIYUSH MATHUR
Alka W/o Ajaykant Sharma – Appellant
Versus
Ajaykant S/o Kamalkant Sharma – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Smt. Sudha Dwivedi
For Respondents/Defendant:V.K. Bharadwaj, Senior Advocate and A.V. Bharadwaj

JUDGMENT

Piyush Mathur, J.

1. A Post-Graduate lady, who has to her credit a Masters Degree of Science in Botany, has questioned the legality of an order passed on 20-3-2009 by the Family Court in Case No. 74-A/07/HMA (Ajaykant Sharma vs. Smt. Alka Sharma), whereby the Family Court has ordered her to undergo medical examination, on the strength of the oral submissions/pleadings of her husband that she suffers from some mental disorder (without there being any previous medical history or treatment record) while taking a ground of the wife being of unsound mind in terms of section 13(1)(iii) of the Hindu Marriage Act, 1955.

2. The writ petitioner Smt. Alka Sharma was married with respondent-Ajaykant Sharma on 16-5-2005 and a male child was born out of the wedlock, in the year 2006, whereafter sudden disputes arose between the spouses, which resulted in filing of a variety of proceedings before the Family Court, which include wife's petition seeking maintenance under section 125, Criminal Procedure Code (M.Cr.C. No. 242/07) and the present proceeding initiated by the husband Ajaykant Sharma under section 12 or in the alternative under section 13 of the Hindu Marriage Act, for seeking decl














































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