Family Courts Cannot 'Casually' Pass Orders Directing Spouse To Undergo Medical Exam To Ascertain Mental Health: Bombay High Court
The Bombay High Court has held that though a Family Court possesses sufficient powers to refer a spouse for medical examination to ascertain if s/he suffers from a mental disorder, it cannot 'casually' pass such orders without applying its mind.
The High court quashed an order sending a woman for examination before a psychiatrist.
Justice Santosh Chapalgaonkar quashed and set aside the order passed by a Family Court in Dhule, allowed the application filed by the husband.
It was the husband's claim that the wife suffered from 'incurable' mental disorder - a fact, which he claimed was suppressed by his in-laws. He contended that the wife behaved abnormally and often refused maintaining physical relations with him even after the marriage and that she was 'secretly' under medication. The wife on the other hand, dismissed the contentions.
In his order, Justice Chapalgaonkar noted, that the Family Court passed the impugned order by simply observing that in light of provisions under Order XXXII Rule 15 of Code of Civil Procedure, the court can get aid of medical expert to determine if person is of unsound mind or not and therefore, opined that a medical report is necessary to assist Court to draw conclusion about mental condition of the wife in the instant case.
Justice Chapalgaonkar while referring to various judgments of the Supreme Court observed that the Family Court possesses sufficient powers to direct medical examination in case decree for divorce under Section 13(1)(iii) of Hindu Marriage Act is sought.
However, in such cases, the judge said, the burden is on the party which petitions the court, to establish the unsoundness of mind of the respondent spouse, is 'incurable' or that mental disorder is of such a kind and to such an extent that the spouse cannot reasonably be expected to live with him or her.
"The medical evidence for arriving at such finding would be of considerable assistance. However, that does not mean that Court shall casually pass order directing medical examination without satisfying itself as to existence of ground on basis of evidence tendered into service. If such an order is casually passed without there being prima facie material indicating existence of ground for reference to medical examination, it would be an abuse of discretionary power at the hands of Court," the judge held.
In the impugned order, Justice Chapalgaonkar noted, the Family Court did not suggest anywhere that it has applied its mind to pleadings and material on record, or has satisfied itself as to existence of grounds for referring petitioner for medical examination.
"In such case, it is expected that petitioner shall prima facie establish, by leading evidence, that there is material to hold that medical examination of respondent–spouse is necessary to determine whether he/she suffers from requisite degree of unsoundness of mind or whether same is incurable. The impugned order is bereft of sufficient reasons. In that view of matter, impugned order cannot be sustained in law," the judge observed.
With these observations, the court quashed the order impugned, however, granted liberty to the husband in the instant case, to approach the Family Court afresh with his original plea and the Family Court has been asked to now consider the matter afresh and pass a reasoned order after applying its mind.
Appearance:
Advocate Rutuja Jakhande appeared for the Wife.
Advocate HV Tungar represented the Husband.
Case Title: DNS vs NNS (Writ Petition 12217 of 2025)
Citation: 2026 LiveLaw (Bom) 192