RAJMOHAN L Vs. SINDHU P B

JUDGEMENT

(1.) This original petition is filed by the husband in a marital dispute challenging an order passed by a Family Court, rejecting his application to direct the wife to undergo medical treatment in a hospital as an inpatient for an alleged 'Borderline Personality Disorder'.

(2.) The respondent before us is the wife. She married the petitioner on 7.9.2000. She initiated proceedings for divorce before the Family Court, under Section 13 of the Hindu Marriage Act, 1955 on grounds of cruelty. The husband filed objections controverting all the allegations and took up a contention that the mental condition of the wife was not normal as she was suffering from a peculiar kind of mental disease known as 'Borderline Personality Disorder'. He even alleged that the filing of the divorce petition is an effect of her mental disorder. Proceedings in the case reveal that on 3.7.2019, the husband filed an application (I.A. No.919 of 2019) seeking to direct the wife to undergo medical examination for 'Borderline Personality Disorder' and to subject her to medication and strict regime to control her psychosis problem at specified and named hospitals. The Family Court, on the basis of endorsement by both parties, ordered them to appear before a named Doctor for medical examination and directed to produce a certificate. Though pursuant to the said order, both parties appeared before the named Doctor, it is seen from Ext.P7 letter that the Doctor was not able to come to diagnosis due to the reluctance of the wife to stay for observation. However, the Doctor made a prima facie observation that she seems to have an emotionally unstable personality disorder-borderline type, which according to him could be confirmed only by admission and examination.

(3.) Soon thereafter, another application (I.A. No.1513 of 2019) was filed by the husband seeking a direction to issue an order to admit the wife for seven days in a hospital with the assistance of two women police constables or by arresting her so as to keep her under observation and evaluation by a psychiatrist. The said petition was dismissed by the Family Court by Ext.P10 on 9.12.2019 taking note of the circumstances then in existence but observed that further efforts can be made for subjecting the respondent to undergo a medical examination to confirm the alleged mental disorder.