SHAKUNTLA RANI Vs. BALDEV RAJ

JUDGEMENT

(1.) Facts giving rise to this petition are that Shakuntala Rani fled an application under Sections 7, 10 and 25 of the Guardian and Wards Act for the custody of Narinder, claiming that she gave birth to him on February 1, 1981. It was further alleged that Narinder was surretitiously passed on by her relations to Surjit Kaur and Baldev Raj Fauji. In her written statement Surjit Kaur asserted that she had in fact given birth to Narinder on February 2, 1981. In order to rebut the said plea of Surjit Kaur, an application was filed by Shakuntala Rani that Surjit Kaur be ordered to be medically examined by Doctor. Her application having been dismissed, Shakuntala Rani has filed this petition.

(2.) The three questions that arise for determination are :

(3.) In Shanti Devi v. Ram Nath, 1972 AIR(P&H) 270, P.C. Pandit, J., considered the abovesaid three questions and ruled that the Court has power to order the medical examination of a party, in case the party refuses to comply with the order, the Court cannot compel it to submit it to the medical examination, but an adverse inference can be drawn against such refusal. This ruling was cited before the Guardian Judge but it seems he misunderstood it. I, therefore, set aside the impugned order to the extent that the Guardian Judge did not order the medical examination of Surjit Kaur. In the result the prayer of Shakuntala Rani in her application that Surjit Kaur be medically examined, is allowed. This revision petition stands disposed of.