Divorce--Mental Disorder--Family Court Cannot Casually Direct Medical Examination of Spouse Without Prima Facie Material and Application of Mind to Pleadings on Record
A Family Court possesses power to direct medical examination of a spouse to determine mental disorder in divorce proceedings under Section 13(1)(iii) of the Hindu Marriage Act. However, such an order cannot be passed casually without prima facie material indicating existence of grounds for referral. The burden lies on the petitioning spouse to establish, through evidence, that the respondent suffers from incurable mental disorder of such degree that cohabitation cannot reasonably be expected. An order directing medical examination without application of mind to pleadings and material on record constitutes abuse of discretionary power.
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