JAISON Vs. RASNA

JUDGEMENT

(1.) Petitioner is the respondent in O.P(MV) No.764/2012 filed by the respondent herein before the Family Court, Irinjalakuda for dissolution of marriage under Section 10(1)(x) of the Indian Divorce Act, on the ground of cruelty. Petitioner filed an I.A.No.1874/2013 in that O.P, seeking a direction for subjecting the petitioner as well as the respondent for examination by a Medical Board specially constituted with inclusion of a Psychiatrist in order to ascertain the mental disorders if any with the parties. The court below rejected the petition as per order passed on 7.3.14, which is produced as Ext.P3 order in this O.P. This O.P is filed against Ext.P3 order.

(2.) In the affidavit in support of the I.A.No.1874/2013, which is produced in this O.P. as Ext.P2, it was stated that the petitioner herein had filed a petition before the Family Court seeking custody of his minor daughter for celebrating her birthday which fell due on 10.10.2013 and the same was rejected with the observation that he is a person having mental disorders. Asserting that petitioner is not a person having any abnormalities, he stated he had been working in Bangalore at the time of marriage and thereafter in America as a Software Engineer for about 15 years till he returned his home town and he has been occupying key positions in various institutions and organizations. On the other hand he raised several allegations against the respondent and alleged that the respondent was behaving indiffirently as she was having mental problems. It was stated that in order to resolve all the issues, it was necessary to subject both of them to a medical board for psychadric examination. The respondent wife opposed the petition saying that the examination by the Psychiatrist as sought by the petitioner did not have any relevance for adjudication of the divorce petition filed by her.

(3.) The Court below after hearing the parties rejected the petition referring to the contents of the report of the Clinical Physiologist, under whom the parties attended Counselling. It was stated that as per the report the petitioner was having certain mental disorders; there is no scope for reunion and the petition has been filed seeking dissolution of marriage on the ground of cruelty and therefore the present petition, seeking a direction to subject both parties to a medical examination by the Psychiatrist, did not have any relevance. The petitioner has approaced this Court as against this order.