Procedure for court orders to check for mental disorder

Supreme Court observed that to brand the wife as unfit for marriage and procreation of children on account of the mental disorder, it needs to be established that the ailment suffered by her is of such a kind or such an extent that it is impossible for her to lead a normal married life (R. Lakshmi Narayan vs. Santhi, AIR 2001 SC 21 10).
Please go through the said judgment.

In other thread one member asked you; Are you a lawyer?

https://www.lawyersclubindia.com/forum/Domestic-violence-case-andhra-pradesh-166829.asp

The Apex Court has decided ;

Supreme Court of India

Sharda vs Dharmpal on 28 March, 2003

84. If despite an order passed by the Court, a person refuses to submit himself to such medical examination, a strong case for drawing an adverse inference would be made out Section 114 of the Indian Evidence Act also enables a Court to draw an adverse inference if the party does not produce the relevant evidences in his power an possession.

85. So viewed, the implicit power of a court to direct medical examination of a party to a matrimonial litigation in a case of this nature cannot beheld to be violative of one's right of privacy.

86. To sum up, our conclusions are

1. A matrimonial court has the power to order a person to undergo medical test.

2. Passing of such an order by the court would not be in violation of the right to personal liberty under Article 21 of the Indian Constitution

3. However, the Court should exercise such a power if the applicant has a strong prima facie case and there is sufficient material before the Court. If despite the order of the court, the respondent refuses to submit himself to medical examination, the court will be entitled to draw an adverse inference against him.

87. Subject to the observations made hereinbefore we are of the opinion that the High Court cannot be said to have committed a jurisdictional error in passing the impugned judgment. This appeal is, therefore, dismissed.

However, in the facts and circumstances of the case there shall be no order as to costs.

 

https://indiankanoon.org/doc/149969440/

 

GO thru the judgment passed in this case by HC and lower court also...

You must get all that you want...

Mental illness in ITSELF may not suffice for divorce...

What is the opinion of your own  very able senior LOCAL counsel of unshakable repute and integrity specializing in Family  matters and having successful track record ….. and worth his/her salt …?

Mental disorder of spouse may not also fit in as 'cruelty'.