UP News: Allahabad High Court, while giving an important decision in a case, has said that it is not wrong to take expert opinion on the mental health of the wife in case of divorce. The High Court has upheld the order of the Chief Justice of the Family Court of Hathras, considering it correct. In this case, the appellant wife had filed an application in the High Court against the decision of the Hathras Family Court. The order of the Chief Justice of the Family Court of Hathras was challenged by the petitioner wife.

The Family Court of Hathras had allowed the medical examination of the wife in the divorce proceedings between the husband and his wife. The report of the medical examination was to be the basis in the case of divorce. In the petition filed in the High Court, the lawyer of the appellant wife had challenged the permission of the trial court for medical examination on various grounds. In the petition, the wife had raised objections to the comments made by the trial court in the order issued against her. Through the petition, it was feared that these comments of the Family Court could lead to adverse conclusions during the final settlement of the case.

Medical board should be constituted- HC

It was said in the appeal that the CMO of Hathras district should have constituted a proper medical board to examine the mental condition. On this argument, the court found that the report has been sought from Aligarh Muslim University. It was argued that Aligarh Muslim University is not a government facility. On this, the court directed the Chief Medical Officer of Hathras to constitute a medical board by him. This medical board should include qualified neurologists and psychiatrists as well as other doctors who are necessary to make the necessary assessment.

The petition of the appellant wife Pooja said that the earlier order passed by the trial court was an interim order. It was right to call for a medical examination at the evidence stage to reach a conclusion about the mental health of the wife. The High Court said that the trial court has not made any mistake in seeking medical opinion at the evidence stage. The High Court said that at present the evidence of the parties has ended. The court disposed of the petition filed by the wife on some grounds.

The High Court said in its decision that the medical examination report submitted by the medical board constituted by CMO Hathras will be presented before the trial court. On the basis of the medical report, the trial court will take the appropriate decision regarding the divorce case. The case was heard in the High Court by the division bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh.