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Sunday, February 7, 2010

  
 
Hindu Marriage Act, 1955,

Section 13 -Family Courts Act, Sections 7 and 10 - Civil Procedure Code, Section 151 

Following  Shardu v. Dharmpal, 2003(2) RCR(CMl) 795 :1(2003)4 SCC 493/.

A three-Judge Bench decision of this Court has taken into consideration the power of the court to allow such application for medical examination of a party in a matrimonial proceeding and observed as under :-
"In certain cases medical examination by the experts in the field may not only be found to be leading to the truth of the matter but may also lead to removal of misunderstanding between the parties. It may being the parties to terms."
Therefore held Court can order Medical examination in exercise inherent power under Section 151 CPC to do complete justice, though no such power is provided under Hindu Marriage Act.    
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