Medical Examination to Test Mental Condition

Joseph Augusthy vs. Mary Elizabeth Mathew

Filed under: Section 18 of the Divorce Act, 1869
Appellant: Joseph Augusthy
Respondent: Mary Elizabeth Mathew
Citation: 1998 AIHC 2253
Court: In the High Court of Kerala
Judges: AR Lakshmanan and KV Sankaranarayanan

Facts

Joseph Augusthy filed this appeal asking for a decree of nullity of the marriage between him and his wife, Mary Elizabeth Mathew. His main contention was that Mary’s neurological disorder and mental illness was concealed from him at the time of marriage and a fraud was played on him. According to Joseph, Mary had been suffering from neurological disorder and had been under treatment for some time even prior to the marriage and she and her parents purposely concealed this fact from him.

In the High Court, Mary resisted the allegations. When the matter was pending before the Single Judge, Joseph suggested the names of two doctors as witnesses, Dr Madhusoodanan and Dr Anandakumar. However, they had not been examined because Joseph was of the opinion that an impartial opinion could not be obtained by them.

In these circumstances, Joseph moved a petition praying that Mary should be examined by a Board of experts. Mary filed a counter-affidavit stating that there was no need for her to be examined by a medical board since there was no evidence to show that she was suffering from a neurological or psychiatric disorder.

The Single Judge however rejected Joseph’s request to have a Medical Board examine Mary. The Judge while passing the order remarked that even though several allegations were made in the affidavit filed in support of the petition, the evidence given by Joseph and his father did not support the allegations and there was no need to get Mary examined by the Medical Board. Challenging that order Joseph then filed the current appeal before the higher bench at the High Court.

Thereafter, Joseph agreed to suggest names of doctors for constituting the Medical Board for examining Mary. Mary’s lawyer also submitted that if a panel was constituted by the Court, then Dr. Madhusoodanan, who was Mary’s doctor, should also be made a member of the Medical Board. Joseph had no objection to that. When the case came up for hearing Joseph gave the names of five doctors to constitute the Medical Board.

Observations of the Court

The Court observed that in such a case, it was always better if Mary volunteered for the medical examination. However, because a panel had been suggested by Joseph, Mary would submit herself to this Medical Board for examination.

The Court further held that out of the five doctors, three doctors would form a quorum and of these three doctors, Dr. Madhusoodanan shall be a member for conducting the medical examination. The Court also directed that the expenses for this medical examination should be borne by Joseph. The Court also requested the doctors who constituted the Medical Board to complete the examination within a period of one month. The appeal was accordingly allowed.

Sections Referred:

• Section 18 of the Divorce Act, 1869