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