Psychiatric tests in divorce cases can’t be ordered casually, rules Bombay High Court

“However, that does not mean that the court shall casually pass an order (psychiatric test) directing medical examination without satisfying itself as to the existence of a ground based on evidence tendered into service. If such an order is casually passed without there being prima facie material indicating the existence of a ground for reference to medical examination, it would be an abuse of discretionary power at the hands of the court,” the April 15 order read.  

Justice S G Chapalgaonkar was hearing the plea of the wife challenging the order to undergo a psychiatric test.

‘Burden lies on spouse seeking divorce’

• The high court clarified that matrimonial courts do have the power to direct medical examination, particularly in cases involving mental illness under Section 13(1)(iii) of the Hindu Marriage Act. 
• However, it emphasised that the burden lies on the spouse making such allegations to establish a prima facie case, showing that the other party suffers from a mental disorder of such a degree that cohabitation is not reasonably possible.
• The court found that the trial court had failed to apply its mind to the pleadings and material on record and had mechanically allowed the application without recording reasons.
• At the same time, the high court clarified that the husband would be at liberty to file a fresh application seeking medical examination, but only after placing sufficient material on record to establish a prima facie case.
• The trial court was directed to reconsider such a request independently and pass a reasoned order if such an application is made.

Application to conduct medical test

• It was placed on record that the husband, who is the petitioner, has filed a case for divorce from his estranged wife on the grounds that she is of unsound mind or suffering from a mental disorder.
• The wife, however, denied such an allegation and took a plea that she is mentally sound and not suffering from any mental illness or disorder. 
• Eventually, the husband filed an application seeking direction to refer the petitioner for medical examination to find out her mental and physical status, particularly in light of the pleading in the petition. 
• Consequently, the trial court, in August 2025, after considering the submissions, allowed the application and directed the estranged wife to remain present for medical examination before an expert psychiatrist and to call a confidential report of the examination. 

No psychological disorder

• Appearing for the husband, advocate Rutuja L Jakhande argued that the trial court has mechanically passed an order for medical examination of the petitioner through an expert psychiatrist. 
• Jakhande added that there is no material to prima facie indicate that the petitioner ever suffered a psychological disorder or unsoundness of mind. 
• It was also submitted that, except for bare assertions of the petitioner, there is nothing on record to indicate that expert opinion is necessary as to her psychological or mental condition. 
• In support of her contentions, the wife relied upon observations of the Karnataka High Court in another similar case. 

Court can order psychiatric test

• On the contrary, the husband’s representative, advocate Tungar, submitted that the court is empowered to call for a report of medical examination to satisfy as to the existence of grounds as contemplated under Section 13(1)(iii) of the Hindu Marriage Act. 
• The husband took a specific plea in the petition about the physical and mental condition of his estranged wife. 
• It was further added that to bring the truth on record, the medical examination of his wife is necessary.