Mental Healthcare Act Meant to Protect Rights, Not Gain Litigation Advantage: Bombay High Court

The Bombay HC held that the Mental Healthcare Act, 2017 cannot be used as a tool for litigation by one party against another.

The court refused to order a Mental Health Review Board under Section 105 of the Act based only on evidence presented by an opposing party in a property dispute, noting that it could be misused.

Section 105 allows referral for mental health examination only when genuine concerns about mental illness arise during legal proceedings, to protect rights rather than grant tactical advantage.

The judge stressed that the Act is meant to safeguard persons with mental illness, not be exploited as a strategy in litigation.

[Jitendra Gorakh Megh v. Gorakh Govind Megh]