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2020 Supreme(Ker) 688

Rajmohan L. , S/o. K. Liladharan – Appellant
Versus
Sindhu P. B. , W/o. Rajmohan – Respondent


Advocates Appeared:
For the Petitioner: Sri. Mohan Jacob George, Smt. P.V. Parvathy (P-41), Smt. Reena Thomas, Smt. Nigi George.
For the Respondent: Sindhu P.B.

JUDGMENT :

Bechu Kurian Thomas, J.

This original petition is filed by the husband in a marital dispute challenging an order passed by a Family Court, rejecting his application to direct the wife to undergo medical treatment in a hospital as an inpatient for an alleged 'Borderline Personality Disorder'.

2. The respondent before us is the wife. She married the petitioner on 7.9.2000. She initiated proceedings for divorce before the Family Court, under Section 13 of the Hindu Marriage Act, 1955 on grounds of cruelty. The husband filed objections controverting all the allegations and took up a contention that the mental condition of the wife was not normal as she was suffering from a peculiar kind of mental disease known as 'Borderline Personality Disorder'. He even alleged that the filing of the divorce petition is an effect of her mental disorder. Proceedings in the case reveal that on 3.7.2019, the husband filed an application (I.A. No.919 of 2019) seeking to direct the wife to undergo medical examination for 'Borderline Personality Disorder' and to subject her to medication and strict regime to control her psychosis problem at specified and named hospitals. The Family Court, on the ba

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