Back
S.K.GANGELE, PIYUSH MATHUR
Alka W/o Ajaykant Sharma – Appellant
Versus
Ajaykant S/o Kamalkant Sharma – Respondent
Key Points: - The Family Court erred in ordering medical examination without strong prima facie evidence of the wife’s mental disorder. (!) - The judgment holds that the right to privacy and dignity must be respected and a medical examination should not be ordered without sufficient evidence. (!) - The petition was allowed; the impugned order directing medical examination was set aside; parties may lead evidence on all issues, including mental disorder. [27000283510026] - The court discusses the availability of mental disorder grounds under Hindu Marriage Act, section 13(1)(iii), and directs proceeding to consider evidence on this issue. [27000283510027] - The decision cites and relies on limitations from Sharda v. Dharmpal and Lalit Kishore v. Meeru Sharma regarding medical examination in matrimonial matters. (!) [27000283510022] - The husband was ordered to pay costs of Rs. 2,500. [27000283510027]
JUDGMENT :
Piyush Mathur, J.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 dec
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
