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N.K.Assumi (Advocate)     23 December 2009

Power of matrimonial court for medical test

Marriage was solemnized under Hindu Marraige Act. Dispute arise berweeb the spouse reagrding the mental illness of the wife by the husband and pray for medical test. Can Matrimonial Court give direction for medical test of the wife despite her refusal?.



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 6 Replies

H.D.Kumaravelu (Advocate)     23 December 2009

Sir,

The court cannot give directions for medical test, the court has ample powers under the code to call the party and put questions to her in case the husband alledges mental illness. The husband can demonstrated his claim by appropriate means when the wife comes in the Box. The court  may make its recording by putting questions and ascertain the mental capacity of a party,

Daksh (Student)     23 December 2009

Dear Mr.N.K.Asumi,

Whatever the Husband has alleged he has to prove it.  For this reason he may take help of a Medical practitioner or substantiate his allegation with the help of previous medical records in this regard..  But yes as Mr.H.D.Kumaravelu has opined the direction for Medical test cannot come from Court. 

Thanks and best regards

Daksh

N.K.Assumi (Advocate)     23 December 2009

Thank you Kumar and Daksh, both of you have put in a very impressive arguments. But lets wait and see what other members feels about this matter.

Devajyoti Barman (Advocate)     23 December 2009

The court can very much direct the party to submit himself of herself before the committe of Doctors for determination of his /her mental unsoundness. If she refuses to do so the court is free to take adverse inference. Refer- AIR 2001 AP 46.

1 Like

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     09 January 2010

mr.Devajyoti Barman is right. for such type of cases particularly when one prty strongly oppose, court do the order for medical test.

srihari (doctor)     26 September 2010

Mr N.K. Assumi,

I am a doctor. With respect to this case, the husband should check if the patient's severe mental illness was hidden from him by his inlaws, including his wife, if she suffered any such severe mental illness prior to her marriage, in which case the mental health law 1987 says that it is against law. But if the ilness is after marriage then the husband will have no grounds but it will be his responsibility to get her treated atleast by a reception order from the magistrate for involuntary admission to a  recognised psychiatric hospital if she refuses treatment and for this the husband must get in touch with a psychiatric doctor ie the psychiatrist.

Dr Hari


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