Family Courts Cannot Casually Order WifeтАЩs Psychiatric Test In Divorce Case: Bombay High Court Raises Burden On Husband, Seeks Proof Of Mental Illness┬аClaims
Bombay High Court set aside the trial courtтАЩs order for medical examination for want of strong evidence.
How can a husband establish truth in court when his primary request for psychiatric evaluation is rejected as тАЬno prima facie caseтАЭ?
MUMBAI:┬аJustice S. G. Chapalgaonkar┬аof the┬аBombay High Court┬аat Aurangabad passed an important order in a matrimonial dispute and explained┬аwhen a husband can seek psychiatric examination of his wife in divorce proceedings.
The case came before the High Court after a trial court had allowed the husbandтАЩs request for┬аmedical examination of the wife through an expert psychiatrist.
The husband had filed a divorce case under┬аSection 13 of the┬аHindu Marriage Act┬аon the grounds of┬аcruelty, desertion, and mental disorder. He claimed that after marriage, the wifeтАЩs behaviour was┬аabnormal, she was┬аnot willing for marital relations, she was┬аsecretly taking medicines, and her parents had hidden her mental condition before marriage.
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The wife denied all allegations and told the court that she was mentally fit and not suffering from any illness. During the divorce case, the husband requested that she be sent for a┬аpsychiatric examination┬аso that the truth could come on record.
The trial court accepted this request and directed her to appear before an expert psychiatrist at Civil Hospital, Dhule, and also asked for a confidential report.
The wife challenged that order before the Bombay High Court. Her side argued that the lower court passed the order mechanically and there was no material to show any mental illness. It was argued that only on the basis of allegations, such an order should not be passed.
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After hearing both sides, Justice S. G. Chapalgaonkar examined the law and referred to the Supreme Court judgment in┬аSharda vs Dharmpal. The High Court repeated the legal position that matrimonial courts do have power to order medical tests when required. The Court quoted the Supreme Court and stated that:
┬атАЬMatrimonial Court has power to order person to undergo medical test and passing of such order by Court would not be in violation of right to personal liberty under Article 21 of Constitution of India.тАЭ
The Court further repeated another important principle that:
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тАЬCourt should exercise such power, if applicant has strong prima facie case and there is sufficient material before Court. If despite order of Court, respondent refuses to submit himself or herself for medical examination, Court will be entitled to draw adverse inference against him/her.тАЭ
However, the High Court found that in the present matter, the trial court had not properly examined whether enough material existed before passing such an order. The order did not show proper reasoning or application of mind.
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Justice Chapalgaonkar clearly observed that┬аcourts should not casually direct medical examination merely because one side makes allegations.
The High Court said that in such matters, the husband must first place evidence on record to show that examination is necessary to determine whether the spouse suffers from the required degree of unsoundness of mind or whether the condition is incurable. Only then should such power be exercised.
The High Court cancelled the order directing psychiatric examination. At the same time, the Court protected the husbandтАЩs rights and gave him liberty to file a fresh application after leading evidence and establishing a prima facie case. The trial court was told that if fresh material is produced, it may reconsider the request and pass a proper reasoned order.
Explanatory Table: Laws And Sections Involved
Law / SectionPurposeHow Applied in This CaseSection 13(1)(ia), Hindu Marriage ActProvides divorce on ground of crueltyHusband relied on this while seeking divorce.Section 13(1)(ib), Hindu Marriage ActProvides divorce on ground of desertionHusband invoked this ground in petition.Section 13(1)(iii)(a) & (b), Hindu Marriage ActDivorce where spouse is incurably of unsound mind or has serious mental disorderMain legal ground connected to request for psychiatric examination.Order XXXII Rule 15, CPCDeals with persons of unsound mind in civil proceedingsTrial court referred to this while allowing medical examination.Article 21, Constitution of IndiaProtects life and personal libertyCourt noted medical examination order in matrimonial matters is not automatically violation of Article 21.Writ Jurisdiction (Articles 226/227)High Court power to review lower court ordersWife challenged trial court order through writ petition.
Court:┬аBombay High Court, Bench at Aurangabad
Case Number:┬аWrit Petition No. 12217 of 2025
Bench:┬аJustice S. G. Chapalgaonkar
Neutral Citation:┬а2026:BHC-AUG:15923
Date of Judgment:┬а15 April 2026
For Petitioner:┬аMs. Rutuja L. Jakhande, Advocate
For Respondent:┬аMr. H. V. Tungar, Advocate
Husband raised serious allegations of mental illness and concealment, yet the court denied immediate verification, leaving him to continue litigation without access to crucial medical truth.
Even when law permits psychiatric examination, burden is heavily placed on husband to first prove suspicion, making it difficult to expose hidden facts after marriage.
System protects personal liberty of wife at initial stage, but husbandтАЩs right to defend himself against alleged fraud or suppression gets delayed.
Trial courtтАЩs attempt to uncover truth was overturned, showing how procedural barriers can block early fact-finding in favour of men.
Although fresh application is allowed, it forces husband into prolonged litigation, increasing financial and mental pressure before he can even prove his core allegation.
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