1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1757/2010 Sau. Sharda Chandrashekhar Navarkhede -: VERSUS :- Chandrashekhar Mahadeo Navarkhede. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : AUGUST 10, 2010. Heard finally by consent of Shri M.M. Dhandekar, learned Counsel for petitioner and Shri A.S. Kilor, learned Counsel for respondent. The Family Court has only on the basis of the rival contentions directed petitioner / wife to be medically examined. With the assistance of both the learned Counsel, I have perused the impugned order and I do not find any positive conclusion at least reached prima facie by the Family Court to undertake such course of action. 2 Both the parties are making allegations against each other and period of joint stay does not exceed more than 7 days. In this situation, it will be appropriate to permit the parties to lead their evidence on record and on the strength of that evidence the Family Court can then decide whether a case for medical examination is made out or not. The judgment of Hon’ble Apex Court considered by the Family Court are no doubt important guidelines in that respect. But, then the application of mind has to be in the light of facts of a particular matter. The application of mind in the present case therefore has to be after the basic facts are proved on record and parties got opportunity for said purpose. In view of this position, the impugned order dated 03.03.2010 passed by the Judge, Family Court, Akola below Exh.40 in Application/Petition No.248/2009 is hereby quashed and set aside. The proceedings in that petition are expedited and Family Court shall attempt to decide the matter finally as early as possible and in any case within a period of 6 months from the date of communication of this order to it. The parties to communicate this order on next scheduled date to that Court. 3 Application at Exh.40 filed by respondent is kept alive and the Family Court may consider it after both the parties have adduced evidence in respect of their contentions. It is made clear that while so considering that application, the Family Court shall not be influenced by its earlier order dated 03.03.2010 quashed and set aside today. Writ Petition is thus partly allowed. No costs. JUDGE Rgd.