Dismissed¶¶18

Shishir Kumar v. Anupma Anand

Patna HC30 Oct 2025C.Misc./1061/2019

Case brief

AI extract

What is this about?

Patna High Court civil miscellaneous petition C.Misc. No.1061 of 2019 (decided 30-10-2025, S. B. Pd. Singh, J.) dismissed; challenged Family Court Muzaffarpur order dated 24.04.2019 in Matrimonial Case No.159 of 2014 rejecting mental-health examination of wife/respondent by Medical Board/premier mental hospitals; held no statutory provision requires husband-petitioner's presence at psychiatric/Medical Board examination; order dated 8.11.2013 in Criminal Miscellaneous No.18608 of 2013 silent on presence of petitioner; trial directed to be expedited and concluded preferably within six months.

What did the court decide?

No relief to the petitioner; the petition was rejected. The Trial Court was requested to expedite Matrimonial Case No.159 of 2014 and conclude it preferably within six months. ¶¶18

Shishir Kumar Vs Anupma Anand — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No relief to the petitioner; the petition was rejected. The Trial Court was requested to expedite Matrimonial Case No.159 of 2014 and conclude it preferably within six months.

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Issue for consideration

Whether the petitioner's presence is required at the time of the Medical Board examination of the O.P./respondent (his wife) in connection with Matrimonial Case No.159 of 2014. +1 more

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Court's answer

Learned counsel for the petitioner failed to show any provision of law in which the petitioner's appearance is required at the time of the medical examination of the O.P./wife by the Medical Board.

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Ratio / Principle

The order dated 8.11.2013 passed in Criminal Miscellaneous No.18608 of 2013 contains no mention that the medical examination would be conducted in the presence of the petitioner.

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Key takeaways

Finding no merit in the present petition, the Court rejected it.ratio¶¶18
The learned Trial Court was requested to expedite the trial of Matrimonial Case No.159 of 2014, pending since long, and to conclude the same preferably within a period of six months.obiter¶¶19

Detailed headnote1 paragraphs

Patna High Court (S. B. Pd. Singh, J.), by order dated 30-10-2025 in C.Misc. No.1061 of 2019, rejected the petitioner's application seeking quashing of the order dated 24.04.2019 of the Principal Judge, Family Court, Muzaffarpur in Matrimonial Case No.159 of 2014, whereby the petitioner's petition dated 11.12.2018 for examination of the respondent (his wife) for mental health/aberration by premier mental hospitals and experts had been dismissed. Counsel argued that the Medical Board examination had not been conducted in the petitioner's presence as allegedly required by law and by an order dated 18.11.2013 in Criminal Miscellaneous No.18608 of 2013. The Court held that counsel failed to show any provision of law requiring the petitioner's appearance at the medical examination, and that the order dated 8.11.2013 in Criminal Miscellaneous No.18608 of 2013 nowhere stated the examination would be conducted in his presence; accordingly the petition, lacking merit, stood rejected, and the Trial Court was requested to expedite and conclude the matrimonial case preferably within six months.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1061 of 2019

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Shishir Kumar S/o Sri Manibhushan Prasad Singh @ Mani Bhushan R/o Village- Mahmadpur, P.S.- Sakra, District- Muzaffarpur At Present- House no.- 575/1, Dilli Road Madhav Puram, Sector-1, P.S.- Madhav Puram DistrictMeerut, Uttar Pradesh.

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... ... Petitioner/s

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Versus

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Anupma Anand D/o Sri Madan Mohan Thakur R/o Village- Dwarikapur, P.S.Sakra, District- Muzaffarpur presently residing at Near Kendriya Vidyalaya, Gannipur, Ram Dyalu Nagar Station, Muzaffarpur.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Manoj, Advocate For the Respondent/s : Mr. Manoj Kumar Singh, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

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5 30-10-2025 Heard both sides.

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This application has been filed for quashing and setting aside the order dated 24.04.2019 passed by learned Principal Judge, Family Court, Muzaffarpur in Matrimonial Case No.159 of 2014 wherein the petition dated 11.12.2018 filed by the appellant for examination of the respondent for mental health/aberration by premier mental hospitals having specialist and expert in mental illness/health has been dismissed and for issuance of further direction to arrange for examination of respondent by the experts in the mental illness and aberration diagnosis for which petitioner is ready to bear the cost, in the interest of justice.

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Learned counsel for the petitioner submits that

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Patna High Court C.Misc. No.1061 of 2019(5) dt.30-10-2025 2/3

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examination of O.P./Respondent by the Medical Board has not been conducted in presence of the petitioner which is required as per law and the order passed on 18.11.2013 in Criminal Miscellaneous No.18608 of 2013.

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The learned trial court has held in the impugned order as follows:

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“Considering the facts that O.P. has already been examined by the Medical board and she was found in good mental health. I find that there is no further examination required in this case. Hence, the application filed by the applicant is rejected .”

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Learned counsel for the petitioner fails to show any provision of law in which appearance of petitioner is required at the time of medical examination of O.P./Wife by the Medical Board. In the order dated 8.11.2013 passed in Criminal Miscellaneous No.18608 of 2013, there is no mention of the aforesaid fact that medical examination will be conducted in presence of the petitioner. Therefore, there is no merit in the present petition.

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