Allahabad High Court directed for constitution of a team of doctors by the CMO within a period of one week from the date of certified copy of this order is served on the said authority.
Allahabad High Court: In an appeal filed by the wife under Section 19 of the Family Courts Act, 1984, challenging a Family Court order that granted the husband’s request for her medical examination in divorce proceedings, a division bench comprising Saumitra Dayal Singh and Donadi Ramesh, JJ., upheld the decision to seek expert opinion on the wife’s mental health during the evidence stage.
The wife argued that the order was flawed, as a similar application had previously been directed by the Trial Court on 29-01-2024 to be considered only at the final disposal stage. Since the case was still in the evidence phase and had not yet reached final disposal, she claimed the current order was premature. She also raised concerns that the Trial Court’s observations in the impugned order could lead to adverse inferences at the final stage. Additionally, she contended that a proper medical board should have been constituted by the Chief Medical Officer (CMO) of Hathras.
The Court noted that the Trial Court had sought a report from Aligarh Muslim University, which, as a non-government institution, may not have been the most suitable initial choice.
The Court thus recommended that in legal proceedings, reports should primarily be obtained from a medical board formed by the Chief Medical Officer (CMO). The CMO should appoint qualified doctors to the board, including neurologists, psychiatrists, and any other specialists required for a thorough assessment.
The Court also pointed out that while the Trial Court had previously issued an order to address a similar application at the final disposal stage, that order was interlocutory. Additionally, the wife’s mental health is a matter that requires expert evidence before any conclusions can be reached.
The Court further held that the Trial Court was not mistaken in seeking a medical opinion during the evidence stage. Since both parties had already submitted their evidence, the Trial Court acted appropriately in requesting expert input at this point.
The Court also noted that the medical opinion requested by the Trial Court could be provided by a medical board formed by the CMO. This board should include specialists in neurology, psychiatry, general medicine, and any other experts the CMO deems necessary to fully comply with the impugned order under appeal.
The Court directed the CMO to establish the medical team within one week of receiving a certified copy of the order. The wife was instructed to present herself before the expert team on the date and time communicated by the CMO.
The CMO was further instructed to submit the medical report to the Trial Court no later than 30-09-2024.
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