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Kishore Kumar Soni Vs Sonia Soni

Case No: Writ Petition (227) No. 829 Of 2018

Date of Decision: Sept. 26, 2018

Acts Referred: Code Of Civil Procedure 1908 — Order 26 Rule 10(A)#Constitution Of India, 1950 — Article 227

Hon'ble Judges: Sanjay K. Agrawal, J

Bench: Single Bench

Advocate: Prasoon Agrawal

Final Decision: Dismissed

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Judgement

Sanjay K. Agrawal, J

1. The petitioner's application under Order 26 Rule 10(A) of CPC for medical examination of the respondent has been rejected by the learned Family

Court by order dated 13.08.2018 (Annexure - P/1) against which this writ petition under Article 227 of the Constitution has been preferred.

2. Learned counsel for the petitioner submits that the learned Family Court is absolutely unjustified in rejecting the petitioner's application therefore, the

impugned order be set aside.

3. I have heard learned counsel for the petitioner.

4. In the considered opinion of this Court, the Family Court has given sufficient and valid reason to reject the petitioner's application. As such, I do not

find any jurisdictional error or illegality in the impugned order warranting interference of this Court under Article 227 of the Constitution.

5. Accordingly, the writ petition deserves to be and is hereby dismissed with no order as to cost(s).