DEVIKA M. Vs. SHIBIN PRAKASH

JUDGEMENT

(1.) This Original Petition is filed by the wife in a marital dispute challenging an order passed by the Family Court allowing the application filed by the husband to constitute a medical board and to direct the wife to appear before it to assess her mental condition.

(2.) The husband is the respondent in this original petition. The petitioner and the respondent got married on 19/1/2014. The husband initiated proceedings for divorce before the Court below u/s 13(1)(iii) of the Hindu Marriage Act on the ground of mental disorder. The husband took up a contention that the mental condition of the wife was not normal as she was suffering from obsessive compulsive disorder as well as borderline personality disorder. The husband filed a petition before the Court below as IA No.611/2019 (Ext.P3) to direct the wife to undergo medical examination for borderline personality disorder before a medical board to be constituted for the said purpose. The wife filed objection statement opposing the same. After hearing both sides, the Court below allowed the petition as per Ext. P5 order and directed the wife to appear before the medical board to be constituted at the Medical College Hospital, Kozhikode to assess her mental condition. The wife challenges Ext.P5 order in this Original Petition.

(3.) We have heard the learned counsel for the petitioner Sri.T.R.Harikumar and the learned counsel for the respondent Sri.Sharan Shahier.