Examining the judicial contours of Sharda vs. Dharmpal case: A critical analysis of the Indian Supreme Court’s ruling and its implications on the institution of marriage in India
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Abstract
Law remains to be a significant instrument regulating the affairs of society. However, since law remains a cohesive instrument in social development, societal factors conjunctionally play a predominant role in legal development in India. Marital relations and constitutional jurisprudence concomitantly come within the subjective ambit of society, culture and development. The case of Sharada v. Dharampal is a landmark judgment of the Indian Supreme Court that deals with the inherent power of a matrimonial court to subject a party to undergo medical examination. The objective of the case analysis is to understand the legal and practical significance of this judgment, and its importance in shaping the law and practice relating to matrimonial disputes in India.