The High Court of Kerala dismissed a petition seeking an order for the petitioner's own mental examination at a lower court, holding the application was flawed as there was no burden on the petitioner to disprove the respondent's contentions regarding psychiatric disorders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943 OP (FC) NO. 282 OF 2021
AGAINST THE ORDER IN IA 1/2021 OPGW 953/2019 OF FAMILY COURT, ATTINGAL
PETITIONER/RESPONDENT:
SAFIYA BEEVI AGED 60 YEARS W/O. ABDUL AZEEZ, ANIL VILLAM, KAYALVARAM MANANAKKU, VAKKOM, KERALA 695 306.
BY ADV M.R.SASITH
RESPONDENT/PETITIONER:
RENEES S, AGED 38 YEARS S/O. SHEREEF, MANGALATHU VEEDU, KAPPIL, EDAVA, KERALA 695 310
BY ADVS. G.UNNIKRISHNAN K.SANEESH KUMAR
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 16.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(FC).No.282/2021
-:2:-
J U D G M E N T
Dated this the 16th day of July, 2021
A.Muhamed Mustaque,J.
This is an interesting case arising from an order in an application filed by the petitioner to examine herself before an expert to prove her mental status. It appears that respondent herein contended before the Family Court that the petitioner is having psychiatric disorders. In order to disprove the same, the petitioner wants herself to be examined by experts.
Accordingly, this original petition is dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp True copy
P.A. To Judge
O.P.(FC).No.282/2021
-:3:-
APPENDIX OF OP (FC) 282/2021
PETITIONER ANNEXURE
| EXHIBIT | P1 THE TRUE COPY OF OP (GW) 953/2019 FILED BEFORE FAMILY COURT, ATTINGAL (THIRUVANANTHAPURAM) |
|---|---|
| EXHIBIT | P2 THE TRUE COPY OF IA NO. 1/2021 IN OP (GW) 953/2019 FILED BEFORE THE FAMILY COURT, ATTINGAL(THIRUVANANTHAPURAM) |
| EXHIBIT | P3 THE TRUE COPY OF THE OBJECTION FIELD BY THE RESPONDENT THROUGH HIS REPRESENTATIVE COUNSEL IN IA NO. 1/2021 IN OP (GW) 953/2019 OF FAMILY COURT, ATTINGAL |
| EXHIBIT | P4 THE PHOTO COPY OF THE ORDER IN IA NO. 1/2021 IN OP(GW) 953/2019 BY THE FAMILY COURT, ATTINGAL (THIRUVANANTHAPURAM) DATED 24-03-2021 |
| EXHIBIT | P5 TRUE COPY OF THE DEPOSITION GIVEN BY THE RESONDENT. |
2 issues framed by the court
Whether a petitioner in a family court dispute can compel an examination to disprove a respondent's claim of mental instability.
Whether the petitioner for an application to examine herself to prove mental status is required to discharge a burden of proof.
Safiya Beevi
Reenes S.
A.Muhammad Mustafaque
Dr. Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
