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Head Note

The Hindu Marriage Act, 1955  - Section 12 (1) , Section 13 (1) , Constitution of India, 1950  - Article 21

Divorce - Unsoundness of mind - Medical Test - Right of personal liberty - A matrimonial court has power to order a person to undergo medical test - Would not be in violation of the right to personal liberty under Article 21 of Constitution of India - However the court should exercise such a power if the applicant has a strong prima facie case and there is sufficient material before the court - It despite the order of the court respondent refuses to submit himself to medical examination, the court will be entitled to draw an adverse inference against him.

Topic(s)-Unsoundness of mind