Psychiatric tests in divorce cases can’t be ordered casually, rules Bombay High Court
Indian Express·3h ago·Neutral
What Happened
Bombay High Court ruled that trial courts cannot casually order psychiatric examinations in matrimonial disputes without sufficient evidence. Justice S G Chapalgaonkar set aside an order directing a wife's psychiatric evaluation, calling it an abuse of discretionary power. While divorce grounds include mental illness under Hindu Marriage Act Section 13(1)(iii), courts must first establish prima facie evidence before mandating such medical tests.
Key Entities
Bombay High CourtJustice S G ChapalgaonkarHindu Marriage Act 1955Section 13(1)(iii)matrimonial disputepsychiatric examination