SC Stays Chattisgarh HC's Order For Psychiatric Evaluation Of A Woman

How far can society go to prove a girl wrong if she marries against her parents’ will? Recently, the Supreme Court stayed an order passed by Chattisgarh High Court regarding the psychiatric examination of a woman who married a man against the wishes of her parents. The woman’s father had filed in the court that his daughter is a psychiatric patient under medical supervision. Based on his assertion, Chattisgarh HC had ordered a medical examination of the woman. Justice Sanjay K Agarwal of the Chattisgarh High Court had ordered for a psychiatric examination of the woman by three doctors including a psychiatrist constituted by the Dean of Dr B R Ambedkar Medical College, Raipur. He also directed that the report be submitted to the high court by earliest in a sealed cover.

The woman, whose psychiatric evaluation was to be done, then filed a special leave petition in the Supreme Court, challenging the decision of Chattisgarh High Court.

The case had proceeded without letting the woman say her part

The woman, whose psychiatric evaluation was to be done, then filed a special leave petition in the Supreme Court, challenging the decision of Chattisgarh High Court. She put forward a plea that the decision had been ruled without listening to her part on the matter. This, she said, infringed on her right to dignity and autonomy. The SC bench comprising of Justice MR Shah and Justice AS Bopanna took note of the point that the woman had already filed an application to intervene in the case in Chattisgarh HC. Despite this fact, the court didn’t consider her role in the case and ordered for medical examination. Therefore, the Supreme Court ordered that the girl should move her application within a period of four weeks from the day of SC judgment. Till orders are passed on her application by the Chattisgarh High Court, SC stayed any further directions in the case.

“It will be open for the High Court even to call the petitioner and have a dialogue with her and try to assert the true facts,” observed the SC.

According to the special leave petition filed by the woman, she, a ‘Hindu,’ fell in love with a ‘Muslim’ man, who later converted to Hinduism. They tied the knot in February 2018 and got their marriage registered a month later.

Here’s a lowdown on the case

According to the special leave petition filed by the woman, she, a ‘Hindu,’ fell in love with a ‘Muslim’ man, who later converted to Hinduism. They tied the knot in February 2018 and got their marriage registered a month later. She had then left her maternal home to live with her husband, though she was brought back forcibly. This made her husband file a Habeas Corpus petition in the Chattisgarh High Court for her release. Acting over this, the High Court ordered that the woman be sent to a hostel so that she can think over the entire matter. Though the woman said in the court that she wants to reside with her parents, an SLP filed by the woman’s husband says that she said this after being forced by her parents.

The woman also claimed that she was being tortured by her parents and that she was not allowed to go live with her husband. She said she felt so constrained that she could only make a distress call to the District General of Police who sent a police team to her house. The woman stated in her complaint that she had already been stated as medically fit in a medical examination held by a team of three doctors in March. The state government had submitted the report in the court. Meanwhile, the husband had already filed a petition seeking the release of his wife from her parents’ custody.

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