Bombay High Court Quashes Order for Psychiatric Examination of Wife in Divorce Case — No Prima Facie Material to Justify Medical Examination Under Hindu Marriage Act. The Court held that a party cannot be compelled to undergo psychiatric evaluation based on mere allegations of mental disorder without supporting evidence.

High Court: Bombay High Court Bench: AURANGABAD In Favour of Accused

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2026-05-18 16:17:08

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Case Note & Summary

The case arises from a divorce petition filed by the husband (respondent) under Section 13(1)(ia)(ib) and (iii)(a)&(b) of the Hindu Marriage Act, 1955, seeking divorce on the ground that the wife (petitioner) is incurably of unsound mind or suffering from a mental disorder. The wife filed a written statement denying the allegations and asserting that she is mentally sound. During the proceedings, the husband filed an application (Exhibit-16) seeking a direction to refer the wife for medical examination by a psychiatrist to ascertain her mental and physical status. The Trial Court allowed the application and directed the wife to appear before an expert psychiatrist at Civil Hospital, Dhule, and to call for a confidential report. Aggrieved, the wife filed the present writ petition before the Bombay High Court. The High Court examined the impugned order and noted that the Trial Court had mechanically passed the order without any prima facie material to indicate that the wife ever suffered from psychological disorder or unsoundness of mind. The Court observed that except for the bare assertions in the petition, there was nothing on record to justify the need for expert opinion. The High Court relied on the Karnataka High Court decision in Sri. Jaganath A. S. Vs. Smt. Madhushree D. S. (Writ Petition No.26295/2023 decided on 12.03.2024) to support the view that medical examination cannot be ordered without sufficient material. Consequently, the High Court set aside the impugned order and remitted the matter back to the Trial Court for fresh consideration, directing that the application be decided after hearing both sides and considering the necessity of such examination. The writ petition was allowed, and the rule was made absolute.

Headnote

A) Family Law - Divorce - Medical Examination - Section 13(1)(iii) Hindu Marriage Act, 1955 - The Trial Court allowed the husband's application for psychiatric examination of the wife based on bare assertions in the divorce petition. The High Court held that without any prima facie material indicating that the wife ever suffered from psychological disorder or unsoundness of mind, such an order is mechanical and cannot be sustained. The Court set aside the order and directed the Trial Court to decide the matter afresh after hearing the parties. (Paras 1-6)

Issue of Consideration

Whether the Trial Court was justified in ordering the medical examination of the wife through a psychiatrist without any prima facie material indicating unsoundness of mind or mental disorder.

Final Decision

The High Court allowed the writ petition, set aside the impugned order dated 02.08.2025 passed by the Civil Judge Senior Division, Dhule below Exhibit-16 in HMP No.314/2024, and remitted the matter back to the Trial Court for fresh consideration of the application after hearing both sides and considering the necessity of such examination. Rule made absolute.

Law Points

Medical examination of a party cannot be ordered mechanically without prima facie material
Court must be satisfied of necessity before directing psychiatric evaluation
Right to privacy and bodily integrity must be considered

Case Details

2026:BHC-AUG:15923

Writ Petition No.12217 of 2025

2026-04-15

S. G. Chapalgaonkar

2026:BHC-AUG:15923

Ms. Rutuja L. Jakhande, Mr. H. V. Tungar

Dimpal W/o Nikhilkumar Sanklecha

Nikhilkumar s/o Nandakumar Sanklecha

Nature of Litigation

Writ petition challenging order of Trial Court directing psychiatric examination of wife in divorce proceedings.

Remedy Sought

Petitioner (wife) sought quashing of order dated 02.08.2025 passed by Civil Judge Senior Division, Dhule in HMP No.314/2024 directing her medical examination by expert psychiatrist.

Filing Reason

The Trial Court allowed the husband's application for psychiatric examination of the wife without any prima facie material indicating unsoundness of mind or mental disorder.

Previous Decisions

Trial Court allowed application below Exhibit-16 on 02.08.2025 directing petitioner to remain present for medical examination before expert psychiatrist at Civil Hospital, Dhule and to call confidential report.

Issues

Whether the Trial Court was justified in ordering medical examination of the wife through a psychiatrist without any prima facie material indicating unsoundness of mind or mental disorder.

Submissions/Arguments

Petitioner's counsel submitted that the Trial Court mechanically passed the order for medical examination without any material to prima facie indicate that the petitioner ever suffered psychological disorder or unsoundness of mind. Except for bare assertions, there was nothing on record to indicate that expert opinion was necessary. Respondent's counsel submitted that the Court is empowered to call for a report of medical examination to satisfy itself as to the mental condition of the wife.

Ratio Decidendi

A court cannot order medical examination of a party in a divorce case based on mere allegations of mental disorder without any prima facie material to support such a claim. The order must be based on some evidence or material indicating the necessity of expert opinion, and the right to privacy and bodily integrity must be respected.

Judgment Excerpts

There is no material to prima facie indicate that petitioner ever suffered psychological disorder or unsoundness of mind. Except for bare assertions of petitioner, there is nothing on record to indicate that expert opinion is necessary as to her psychological or mental condition.

Procedural History

The respondent (husband) filed HMP No.314/2024 under Section 13(1) of Hindu Marriage Act seeking divorce. The petitioner (wife) filed written statement denying allegations. The respondent filed application Exhibit-16 for medical examination of the petitioner. The Trial Court allowed the application on 02.08.2025. The petitioner challenged this order by filing Writ Petition No.12217 of 2025 before the Bombay High Court, which was heard and disposed of on 15.04.2026.