The Allahabad High Court has upheld the Chief Justice Family Court Hathras’ decision to order a medical examination of a wife in a divorce case. The court ruled that seeking expert opinion on mental health is appropriate in such proceedings.
Appeal and Court’s Response
The appellant wife challenged the Family Court’s order, arguing that the trial court’s remarks could negatively impact the final settlement. She claimed the court should have constituted a proper medical board for the examination.
The High Court noted that the initial report came from Aligarh Muslim University, a non-governmental facility. The Court directed the Chief Medical Officer (CMO) Hathras to form a Medical Board, including qualified neurologists, psychiatrists, and other specialists, to conduct the assessment.
Court’s Decision on Medical Examination
Justice Saumitra Dayal Singh and Justice Donadi Ramesh, who reviewed the appeal, supported the trial court’s interim order. They confirmed that ordering a medical examination at the evidence stage was correct for evaluating the wife’s mental health.
The High Court instructed that the Medical Board’s report be presented to the trial court. With this order, the Court disposed of the wife’s appeal.
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