Karnataka HC Imposes ₹50K Cost On Husband Who Sought Medical Examination Of His Wife To Show Her Mental Unsoundness

The Karnataka High Court has imposed a cost of Rs. 50,000/- on a husband who alleged that his wife was mentally unsound and requested to send her for medical examination.

The Court was dealing with a writ petition filed by the husband challenging an order of the Additional Principal Judge, Family Court passed in an application filed by him under Order XXVI Rule 10A of the Civil Procedure Code (CPC).

A Single Bench of Justice M. Nagaprasanna said, “The Division Bench follows the judgment in SHARDA (supra) of the Apex Court and reiterates that there should be strong prima facie evidence to order medical examination. In the light of the judgment of the Apex Court and the Division Bench of the Madhya Pradesh High Court, no fault can be found with the order passed by the concerned Court.”

Advocate R. Nagaraj appeared on behalf of the petitioner/husband while Advocate Latha G. appeared on behalf of the respondents.

Factual Background -

The parties got married in 2020 and several grievances and disputes arose between the two. Thereafter, it was alleged by the petitioner/husband that the wife permanently moved to her parents’ house along with her clothing and did not return back to the husband till date. The respondent/wife then registered a complaint before the Police Station for the offences punishable under Section 498A of the Indian Penal Code (IPC) read with Sections 3 and 4 of the Dowry Prohibition Act, 1961. The police, after investigation, filed a charge sheet against the husband and after the complaint was filed by the wife, the husband filed a petition seeking annulment of marriage before the jurisdictional Family Court on the ground of cruelty.

The husband filed an application before the concerned Court to refer the wife to a Board of Psychiatrists at NIMHANS for medical examination. The application was filed in 2023. The wife filed her objections appending several documents to demonstrate that she was not mentally unsound as was alleged by the husband for her to be sent for medical examination to NIMHANS. The application was not considered by the concerned Court favourably in favour of the husband. Therefore, he was before the High Court calling in question the said action of the concerned Court.

The High Court in the above context of the case observed, “It is rather unfortunate that by seeking annulment of marriage, the husband has sought to project the wife being of unsound mind, her intelligence is at 11 years and 8 months and seeks to contend that the marriage itself is void and a fraud is being played by the respondents on the petitioner on the score that if the mental age of the wife is not that of 18 years of age, the marriage is void.”

The Court added that such submissions are not only to be rejected, as the husband has not preferred a petition before the concerned Court invoking mental unsoundness of the wife, but it is on cruelty.

“… the petition lacking in merits is dismissed with cost of ₹50,000/- to be payable by the petitioner/husband to the 1st respondent/wife”, it directed.

Accordingly, the High Court dismissed the petition.

Cause Title- ABC v. XYZ & Ors.

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