LAWS(MPH)-2010-2-36

ALKA Vs. AJAYKANT

Decided On February 19, 2010
ALKA W/O AJAYKANT SHARMA Appellant
V/S
AJAYKANT S/O KAMALKANT SHARMA Respondents

JUDGEMENT

(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 declaration of marriage to be void, on the ground of cruel behaviour of wife, due to her suffering from serious mental disorder.

(3.) WE have heard Miss Sudha Dwivedi, Learned counsel for the petitioner Shri V. K. Bharadwaj, learned Senior Advocate for the respondent and have also perused the documents annexed with the pleadings of the Parties and have carefully examined the same.