REGENT COMPUTRONICS PVT. LTD.

SHARDA Appellant

V/S

DHARMPAL Respondents

Referred Judgements :-

ALESON V. ALESON [REFERRED]
POLLARD V. WYBOURN [REFERRED PARA 46) 16.]
F. V. P. [REFERRED]
HARRISON V. HARRISON [REFERRED]
SPARROW V. HARRISON [REFERRED]
GEORGE SWAMIDOSS JOSEPH V. MISS SUNDARI EDWARD [REFERRED]
S V. S,W. V. OFFICIAL SOLICITOR [REFERRED]
ST. GEORGE'S HEALTHCARE N.H.S. TRUST V. S. REGINA V. COLLINS AND OTHERS,EX PARTE S. [REFERRED]
BIRENDRA KUMAR BISWAS V. HEMLATA BISWAS [REFERRED]
STATE OF RAJASTHAN VS. RAO MANOHAR SINGHJI [REFERRED]
STATE OF BOMBAY VS. KATHI KALU OGHAD [REFERRED]
KHARAK SINGH VS. STATE OF UTTAR PRADESH [REFERRED]
GOBIND VS. STATE OF MADHYA PRADESH [REFERRED]
V C SHUKLA VS. STATE DELHI ADMINISTRATION [REFERRED]
RAM NARAIN GUPTA VS. RAMESHWARI GUPTA [REFERRED]
GOUTAM KUNDU VS. STATE OF WEST BENGAL [REFERRED]
R RAJAGOPAL ALIAS R R GOPAL VS. STATE OF TAMIL NADU [REFERRED]
PEOPLES UNION FOR CIVIL LIBERTIES PUCL VS. UNION OF INDIA [REFERRED]
X VS. HOSPITAL Z [REFERRED]
X VS. HOSPITAL Z [REFERRED]
BIPINCHANDRA SHANTILAL BHATT VS. MADHURIBEN B BHATT [REFERRED ) (PARA 4) 18.]
PULAVARTHI SREERAMAMURTHI VS. PULAVARTHI LAKSHMIKANTHAM [REFERRED]
G VENKATANARAYANA VS. KARUPATI LAXMI DEVI [REFERRED]
M VIJAYA VS. CHAIRMAN AND MANAGING DIRECTOR SINGARENI COLLIERIES COMPANY LIMITED [REFERRED]
REVAMMA VS. SHANTHAPPA [REFERRED ) (PARA 4) 15.]
M VENKATACHALAPATHY VS. SAROJA ALIAS THANGAMMAL [REFERRED]
NINGAMMA VS. CHIKKAIAH [REFERRED]
P A ANBU ANANDAN VS. D SIVAKUMARI [REFERRED]
SHANTI DEVI VS. RAM NATH [REFERRED]
A.S. MOHAMMAD IBRAHIM UMMAL ALIAS SHAHUL HAMEED UMMAL OFUNSOUND MIND BY NEXT FRIEND, M.T.S. MD. THAMBI VS. SHAIK MOHAMMAD MARAKAYAR AND ANR. [REFERRED]

JUDGEMENT

(1.) 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 and 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 Sections 12(1)(b) and 13(1)(ii) of the Hindu Marriage Act, 1955. He filed an application seeking directions for medical examination of the appellant on 5th May, 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 filed a Revision Petition before the High Court which was dismissed by the impugned judgment.

(3.) Mr. Kaushik, the learned counsel appearing on behalf of the appellant herein has principally raised two contentions in support of this appeal. Firstly, compelling a person to undergo a medical examination by an order of the Court would be violative of right to personal liberty guaranteed under Art. 21 of the Constitution of India. Secondly, in absence of a specific empowering provision, a court dealing with matrimonial cases cannot subject a party to the lis to undergo medical examination against his/her volition. In the event, if a party does not undergo such medical examination, the Court may merely draw an adverse inference.

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SHARDA Vs. DHARMPAL

Referred Judgements :-

JUDGEMENT

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