NIDHI ARJARIA Vs. RAHUL ARJARIA

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution is directed against the order dated 9.4.2015, whereby the court below has decided the application dated 24.4.2013, preferred by the respondent.

(2.) The respondent filed a case under Section 12 of Hindu Marriage Act for dissolution of marriage. During the pendency of said suit, the respondent filed an application for medical examination of the present petitioner. The said application was allowed by the court below on 24.4.2013 (Annexure P/2). This order was challenged by the petitioner by filing Writ Petition No. 3152/2013. This Court decided the same by order dated 16.5.2013. Thereafter, before the court below proceedings again started. Dr. Shefali Jain and Dr. Manish Kaushal entered the witness box on behalf of the parties. The trial court again passed the order dated 26.8.2014 and directed the present petitioner to remain present for medical examination. This order was challenged by the petitioner by filing Writ Petition No. 5445/2014.

(3.) Shri Sanjay Sharma, learned counsel for the petitioner criticized the order dated 9.4.2015 by contending that in view of statement of two doctors available on record, medical examination of petitioner is not required. He contends that after recording evidence, the matter was fixed for final argument and at this stage the court below should not have allowed the application seeking medical examination.