Supreme Court · 2003 INSC 189 · Decided 28 March 2003
Sharda v. Dharmpal
- Court
- Supreme Court of India
- Citation
- 2003 INSC 189 · [2003] 3 S.C.R. 106
- Case number
- CIVIL APPEAL No. 5933/2000
- Decided
- 28 March 2003
- Bench
- V.N. KHARE, S.B. SINHA, AR. LAKSHMANAN (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 151, 75; Constitution Article 21; Hindu Marriage Act Section 12(l)(b), 13(l)(iii)
Headnote
V. DHARMPAL MARCH 28, 2003 [V.N. KHARE. CJ, S.B. SINHA AND DR. AR. LAKSHMANAN. JJ.] Hindu Marriage Act, 1955/Cod? of Civil Procedure, 1908-Sections 12(/)(bj and 13(/)(iii)!Section 151-Matrimonial proceedings-Divorce sought C on the gro11nd of ill mental health of spouse--Application for medical for such examination, matrimonial Court has power to pass such order under its discretionary power uls 151 CPC-However Court to exercise such power only in case of strong prima D facie case with s11fjicient material-In case of refi1sal for submission for the examination, Court entitled to
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