Khushboo Sharma Khushboo Sharma v. Himanshu Gupta and Others Himanshu Gupta
Case Details
CR-5626-2023 2023 (O&M) -1- 262 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH -.- CR CR-5626-2023 (O&M) Date of Decision : 09.07.2025 Date of Decision : Khushboo Sharma Khushboo Sharma ....Petitioner VERSUS Himanshu Gupta and Others Himanshu Gupta ....Respondents
Legal Reasoning
VIKRAM AGGARWAL CORAM : HON'BLE MR. JUSTICE VIKRAM AGGARWAL CORAM : HON'BLE MR. JUSTICE Present: Mr. Iva n Singh Khosa, Advocate for the petitioner. Mr. Ivan Singh Khosa, Advocate for the petitioner. , Advocate for respondent No.1. Mr. Tushar Sharma, Advocate for respondent No.1. Mr VIKRAM AGGARWAL, J. (Oral) VIKRAM AGGARWAL, J. -.- 1. revision petition assails the order dated 17.07.2023 The present revision petition assails the order dated 17.07.2023 revision petition assails the order dated 17.07.2023 The present passed by the Court of Civil Judge (Junior Division) passed by the Court of Civil Judge , Gurugram vide which the (Junior Division), Gurugram vide which the application moved by the petitioner/plaintiff (Khus application moved boo Sharma) under Section by the petitioner/plaintiff (Khushboo Sharma) under Section medical board 151 of the Code of Civil Procedure, praying for the constitution of a medical board 151 of the Code of Civil Procedure, praying for 151 of the Code of Civil Procedure, praying for to assess the mental illness/fitness of the mother of the parties, was declined. to assess the mental illness/fitness of the mother of the parties, was declined. to assess the mental illness/fitness of the mother of the parties, was declined. 2. The petitioner/plaintiff instituted a The petitioner/plaintiff instituted ntment as a suit seeking her appointment as legal guardian and mother Mrs. Manju Gupta, who is residing guardian and next friend of her mother Mrs. Manju Gupta, who is residing mother Mrs. Manju Gupta, who is residing her son (brother of with her son (brother of her son (brother of respondent the petitioner) Himanshu Gupta (respondent the petitioner) Himanshu Gupta the petitioner) Himanshu Gupta No.1/defendant) ). 3. , learned counsel During the course of arguments, Sh. Tushar Sharma, learned counsel During the course of arguments, Sh. During the course of arguments, Sh. g respondent No.1, on instructions from respondent No.1, fairly submits representing respondent No.1, on instructions from respondent No.1, fairly submits g respondent No.1, on instructions from respondent No.1, fairly submits g respondent No.1, on instructions from respondent No.1, fairly submits that respondent No.1 would have no objection if a medical board is constituted. that respondent No.1 would have no objection if a medical board is constituted. that respondent No.1 would have no objection if a medical board is constituted. that respondent No.1 would have no objection if a medical board is constituted. 4. That being so, the present revision petition is disposed of with a That being so, the present revision petition is disposed of with a That being so, the present revision petition is disposed of with a That being so, the present revision petition is disposed of with a direction to the Civil Surgeon, Gurugram to constitute a medical board to examine direction to the Civil Surgeon, Gurugram to constitute a medical board to examine direction to the Civil Surgeon, Gurugram to constitute a medical board to examine direction to the Civil Surgeon, Gurugram to constitute a medical board to examine TRIPTI SAINI 2025.07.10 14:54 I attest to the accuracy and integrity of this document CR-5626-2023 2023 (O&M) -2- Smt. Manju Gupta and assess her mental illness/fitness. The same be done in Smt. Manju Gupta and assess her mental illness/fitness. The same be done in Smt. Manju Gupta and assess her mental illness/fitness. The same be done in Smt. Manju Gupta and assess her mental illness/fitness. The same be done in accordance with law. accordance with law. 5. Keeping in view the fact that Smt. Manju Gupta Keep is a patient of the fact that Smt. Manju Gupta is a patient of dementia, it would be advisable that she is examined at some place in the hospital dementia, it would be advisable that she is examined at some place in the hospital dementia, it would be advisable that she is examined at some place in the hospital dementia, it would be advisable that she is examined at some place in the hospital where she feels comfortable does not get unnerved. feels comfortable and does not get unnerved. 6. either in Parties may appear before the Civil Surgeon, Gurugram either in Parties may appear before the Civil Surgeon, Gurugram Parties may appear before the Civil Surgeon, Gurugram person or through their counsel on or through their counsel on 15.07.2025. On the said date the Civil Surgeon, On the said date, the Civil Surgeon, Gurugram shall constitute a medical board and Gurugram shall constitute a medical board and fix some further date for the from examination of Smt. Manju Gupta, which shall not be later than two weeks from examination of Smt. Manju Gupta, which shall not be later examination of Smt. Manju Gupta, which shall not be later on which the parties put in appearance before the Civil Surgeon. the date on which the parties put in appearance before the Civil Surgeon. on which the parties put in appearance before the Civil Surgeon. 7. to the Court The report of the medical board be submitted directly to the Court The report of the medical board be submitted direct The report of the medical board be submitted direct where Civil Suit No. 2245 of 2025 titled as “Khus where Civil Suit No. boo Sharma Vs. Himanshu titled as “Khushboo Sharma Vs. Himanshu Gupta and Others Others” is pending. 8. 9.
Decision
petition is disposed of accordingly. The revision petition is disposed of accordingly. The A copy of this order be sent to the Civil Surgeon, Gurugram, through A copy of this order be sent to the Civil Surgeon, Gurugram, through A copy of this order be sent to the Civil Surgeon, Gurugram, through A copy of this order be sent to the Civil Surgeon, Gurugram, through the District and Sessions Judge, Gurugram for information and compliance. the District and Sessions Judge, Gurugram for information and compliance. the District and Sessions Judge, Gurugram for information and compliance. July 9, 2025 tripti (VIKRAM AGGARWAL) (VIKRAM AGGARWAL) JUDGE Whether speaking/non-speaking : Speaking speaking : Speaking Whether speaking/non : Yes/No : Yes/No Whether reportable Whether reportable TRIPTI SAINI 2025.07.10 14:54 I attest to the accuracy and integrity of this document