Guidelines for medical examination before civil and matrimon

In this background, it would be appropriate to collate the principles

laid down by the Supreme Court as well as the High Courts in the several

judicial pronouncements noticed hereinabove which are to the following

effect:-

(i) A matrimonial court and the civil court have the implicit and

inherent power to order a person to submit himself for medical

examination (Re: Sharda)

(ii) The court under section 75(e) of the CPC and order XXVI, rule 10A

has the requisite power to issue a direction to hold a scientific, technical

or expert investigation. (Re : Sharda; Selvi)

(iii) Passing of an order for medical examination would not be in

violation of the right to personal liberty under Article 21 of the Indian

Constitution (Re : Goutam Kundu)

(iv) The direction for the medical examination can be issued suo motto

by the court or upon an application filed by a party (Re : Sharda) The

principles of natural justice would require to be complied with.

IA No.10394/2011 in CS(OS) 700/2008 104 (v) The court would examine that the proportionality of the legitimate