Mental Health Test Not Needed in Maintenance Petitions Unless Clearly Justified: Kerala High Court

The Kerala High Court, in a recent ruling, declared that courts need not order mental health evaluations of petitioners (typically wives or children) seeking maintenance under Section 125 CrPC unless there is a credible basis for doing so. 

Justice A. Badharudheen overturned a Thalassery Family Court's direction for mental health testing of a woman seeking maintenance, stating such assessments are irrelevant unless mental fitness directly affects the claim.

The Court emphasised that the focus should remain on the petitioner’s financial need and the respondent’s ability to pay, avoiding unwarranted delays and procedural complications. (Binsi and another v. Sandeep Chandran)