In a significant procedural check on matrimonial courts, the Bombay High Court stepped in to examine whether a spouse can be compelled to undergo psychiatric evaluation without adequate basis, scrutinising a trial court order that had directed such a medical examination in a divorce dispute alleging mental unsoundness.
The controversy began when the husband initiated divorce proceedings under the Hindu Marriage Act, claiming that his wife suffered from an incurable mental disorder and exhibited abnormal behaviour. The wife strongly denied these allegations, maintaining that she was mentally sound. Despite the absence of supporting material beyond these claims, the trial court allowed the husband’s application seeking her psychiatric evaluation at a civil hospital. Challenging this, counsel for the wife argued that the order was passed mechanically, without any prima facie evidence warranting such an intrusive direction, while the husband defended it as necessary to establish the truth of his allegations.
The High Court drew a clear line between judicial power and its misuse. While acknowledging that courts do possess the authority to order medical examinations in matrimonial disputes, it stressed that such power cannot be exercised lightly. Citing precedent, the Court reiterated that such directions must rest on a “strong prima facie case and sufficient material.”
Delivering a sharp rebuke, the Court held that “if such an order is casually passed without there being prima facie material… it would be an abuse of discretionary power”. Finding that the trial court had failed to apply its mind or record adequate reasons, the High Court set aside the impugned order, while granting liberty to the husband to renew his request upon producing proper evidence.
Case Title: X Vs. Y
Case No.: Writ Petition No.12217 of 2025
Coram: Hon'ble Mr. Justice S. G. Chapalgaonkar
Advocate for the Petitioner: Adv. Rutuja L. Jakhande
Advocate for the Respondent: Adv. H. V. Tungar
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