Not Necessary To Assess Applicant's Mental Status In Maintenance Proceedings: Kerala High Court

Justice A. Badharudheen allowed the Original Petition (Criminal) preferred by wife and minor daughter, and set aside the interim orders passed by the Family Court, Thalassery.

Factual Background

The petitioners had preferred an application for maintenance against the respondent (husband/father) before the Family Court. The parties were referred for counselling and the counsellor reported some symptoms of mental health in the petitioners. Thereupon, the respondent filed a petition before the Family Court for referring the petitioners for a medical check-up before the Medical Board, District Hospital, Kannur to ascertain their mental state.

Thereafter, the Family Court passed the two impugned interim orders in the petition. As per one interim order, the petitioners were directed to undergo a medical check-up. In the other interim order, the respondent was directed to arrange a taxi for the petitioners to attend the same.

The two orders were under challenge before the High Court in the Original Petition.

Finding

The Court considered the issue whether a medical examination of the petitioners, merely based on suspected symptoms of mental health issues, is necessary in a proceedings claiming maintenance.

Summarising the points to considered in a maintenance proceedings, the Court observed the following:

“…In a proceedings for maintenance, the point of consideration is; whether the petitioners are having means of maintenance by themselves, and the respondent is having the legal obligation, capacity, and income to maintain the claimants…”

The learned Single Judge was of the opinion that the Family Court went wrong in ordering medical board examination of the petitioners. It noted:

“In such a case, merely acting on the report of the counsellor, when a petition was filed by the respondent, the petitioners' medical board examination was ordered by the family court to ascertain their mental status. What is the purpose for getting such a report is not at all discernible…

…In a proceedings for maintenance, there is no purpose in referring the petitioners for assessing their mental status to decide the question of maintenance.”

Thus, the original petition was allowed by the High Court.

Case No: OP (Crl.) No. 101 of 2022

Case Title: Binsi and another v. Sandeep Chandran

Citation: 2025 LiveLaw (Ker) 326

Counsels for the Petitioners: K. Mohanakannan, H. Praveen (Kottarakara)

Counsels for the Respondent: T.M. Raman Kartha

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