Indian Kanoon - Search engine for Indian Law

Madhya Pradesh High Court

Manish Sharma vs Smt. Manisha Sharma on 24 April, 2017

                                         :: 1 ::



                            Writ Petition No.12084/2016




24.4.2017.
                  Shri Pranay Verma, learned counsel for petitioner.
                  Shri Jafar Khan, learned counsel for respondents.

Petitioner, non-applicant, takes exception to the order- dated 4.6.2016 passed in Case No.10/2016; whereby, Family Court, Sagar has directed mental check up of the petitioner by Civil Surgeon, District Hospital Sagar.

Proceedings at the instance of respondent No.1 is under Section 125 of the Code of Criminal Procedure, 1973 for grant of maintenance of Rs.40,000/- per month for herself and for children.

The facts as unfurled are that the marriage between petitioner and respondent No.1 was solemnized on 3.12.1992 and respondents No.2 to 4 were born out of the wedlock. After marriage, respondent No.1, on noticing that the petitioner, non-applicant, is addicted to liquor, has taken recourse to mental harassment to the respondent No.1 and also neglected the family. That, for a period of three months, petitioner was admitted to Rehabilitation Centre at Jabalpur. As the situation worsened, respondent-applicant had to take shelter of her maternal home along with her children.

Since the petitioner has declined to maintain respondent and children, application has been filed under :: 2 ::

Section 125 CrPC for grant of maintenance.

Petitioner through his father denied all the allegations. On 2.2.2016, father of the petitioner informed the Family Court, Sagar that the respondent No.1 has herself left the company of the petitioner along with children and taken huge amount of money and jewellery; has resulted in severe mental shock to the petitioner; as a result of which he has started drinking heavily with has severely effected his mental condition and that, he has become mentally insane for which he was treated in Jabalpur. Prayer was also made for taking appropriate proceedings as per Chapter 25 of the CrPC. Respondent-applicant denied all the allegations that the petitioner is mentally ill.

These facts situation led the Family Court pass impugned order-dated 4.6.2016, directing for mental check up of the petitioner by referring him to Civil Surgeon District Hospital Sagar. Petitioner takes exception to the said order on the ground that since he is mentally ill and his guardian, the father, is an old aged person, he is unable to travel to Sagar and get himself examined by Civil Surgeon.

On 11.4.2017, during course of hearing, in order to ascertain as to whether Civil Surgeon, District Hospital Sagar to whom the petitioner has been referred to, is a qualified Psychiatrist, learned Govt. Advocate was called :: 3 ::

upon to seek instructions in respect of availability of Psychiatrist at Sagar/Rewa.

Compliance report is filed on 19.4.2017, wherein it is stated that though there is no Psychiatrist posted at District Hospitals Sagar, Damoh, Panna, Chhatarpur and Tikamgarh; however, Dr. P.K. Joel, Professor posted at Bundelkhand Medical College, Sagar is a trained Psychiatrist. It is also stated that Dr. Rahul Madhusudan Dev, Associate Professor and Dr. Narendra Solanki, Senior Resident posted at Bundelkhand Medical College, Sagar are also trained Psychiatrists. It is further informed that in the Department of Mental Health, Medical College Rewa, there are four experts who are posted, they are Dr. Pradeep Kumar, Head of Department, Dr. Nimesh Mishra, Associate Professor, Dr. Amreesh Mishra, Assistant Professor and Dr. Sunil Ahuja.

Since the Psychiatrist, who is an expert, is posted at Bundelkhand Medical College, Sagar; therefore, instead of petitioner being examined by Civil Surgeon, District Hospital Sagar, it is directed that petitioner be examined by a team of Doctors headed by Dr. P.K. Joel, Professor Bundelkhand Medical College, Sagar.

At this stage, learned counsel for the petitioner raises an objection that since the petitioner is unable to travel :: 4 ::

along with his father who is an aged person; therefore, direction may be issued for his examination by the team of Doctors at Rewa.

Serious objection is raised on behalf of the respondents. It is urged that the petitioner and his father are influential persons at Rewa and there is likelihood that they causing influence in fair check up of the petitioner. Be that as it may.

Prayer for examination of the petitioner at Rewa is taken note of and rejected at the outset. It is the petitioner's own case that he is being treated at Rehabilitation Centre at Jabalpur; therefore, it cannot be said that the petitioner or his guardian is not in a physically fit condition to travel from Rewa to Sagar.

In view whereof, the impugned order-dated 4.6.2016 is modified to the extent that the petitioner be examined by a team of Doctors headed by Dr. P.K. Joel, Professor Bundelkhand Medical College, Sagar.

Petition is disposed of finally in above terms. No costs.

(SANJAY YADAV) JUDGE vinod