Court Cannot Order Medical Examination Without Prima Facie Evidence: Bombay High Court
The Bombay High Court held that directing medical examination of a spouse without foundational evidence amounts to misuse of judicial discretion.
Setting aside a Family Court order seeking medical examination in a matrimonial dispute, the Court observed that such directions cannot be issued routinely or merely on allegations.
It emphasised that courts must first examine whether sufficient prima facie material exists to justify an invasive medical test and record clear reasons for doing so.
The High Court noted that compelling a person to undergo medical examination affects privacy and dignity, and therefore requires cautious judicial scrutiny. Liberty was granted to renew the request after proper evidence is led.
