Madras High Court
CRP/6682/2026 of S.Sathish Kumar @ Sagariya Vs S.Nivetha @ Janifer on 26 October 2026
CRP No. 6682 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 6682 of 2026
CNR:{HCMA012184252026}
AND
CMP NO. 28742 OF 2026
S.Sathish Kumar @ Sagariya
S/o Soundarajan,
..Petitioner(s)
Vs
S.Nivetha @ Janifer
D/o Arumugam,
..Respondent(s)
Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the order dated 13.03.2026 passed by the learned Principal District Judge, Vellore District, in IA.No.02 of 2024 in IDOP.No.219 of 2022
and the Medical Report dated 07.05.2026 of the Government Vellore Medial College and Hospital as it is without identifying and/or ensuring compliance with the statutory mechanism Contemplated under section 105 of the Mental Health Care Act, 2017 and consequently direct that the Respondent to undergo a fresh and comprehensive psychiatric and psychological assessment, before the competent statutory board/experts at Institute of Mental Health, Kilpauk, chennai.
For Petitioner(s):
Mr.R.Gopinath
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Order
This Civil Revision Petition has been filed under Article 227 of the Constitution of India challenging the fair and decretal order passed in IA No.02
CRP No. 6682 of 2026
of 2024 in IDOP No.219 of 2022 wherein the Court below while allowing the application filed by the petitioner seeking to send the respondent for mental stability examination, directed that such examination to be conducted by the Government Medical Board attached to the Government Vellore Medical College and Hospital and which according to the petitioner, does not have the facility to assess the mental health of the respondent /wife.
2. Heard the learned counsel for the petitioner and carefully perused the materials available on record as well as the order passed by the Court below.
3. The petitioner has filed IDOP No.219 of 2022 seeking dissolution of marriage solemnised between the petitioner and the respondent. One of the grounds that has been raised by the petitioner is that the respondent /wife is suffering from mental illness and that was the main reason as to why the matrimonial life was not progressing.
4. In the light of the above stand taken, the petitioner filed an application under Section 105 of the Mental Health Act, seeking to refer the respondent /wife to the Medical Board for an assessment of her mental health and to submit a report.
CRP No. 6682 of 2026
5. The Court below after considering the rival contentions, allowed the application by an order dated 13.03.2026 and directed the respondent / wife to appear before the Government Vellore Medical College and Hospital, Vellore to assess the mental illness of the respondent /wife.
6. Aggrieved by the direction given by the Court below, the present Civil Revision Petition has been filed before this Court.
7. When the matter was taken up for hearing today, the learned counsel for the petitioner brought to the notice of this Court that the assessment had already been done by the Government Medical College and Hospital, Vellore and a report had also been given by a Doctor, who is not a specialist to assess the mental stability of the respondent. It is further submitted that the Government Medical College and Hospital, Vellore, does not have the facility to access the mental stability of the respondent.
8. In the considered view of this Court, the order passed by the Court below has already been acted upon and the respondent has been assessed. An Associate Professor in Psychiatry has also submitted a report. At this stage, no useful purpose will be served in interfering with the order passed by the Court below.
CRP No. 6682 of 2026
9. If the petitioner is not satisfied with the report given by the Specialist, it is left open to the petitioner to convince the Court below that a further assessment is required to be conducted by another competent hospital having the facilities to properly assess the mental health of the respondent. Except giving this clarity, no further orders can be passed in this Civil Revision Petition.
10. In the result, the order passed by the Court below does not warrant the interference of this Court and this Civil Revision Petition is disposed of in the above terms. No costs. Consequently, the connected miscellaneous petition is closed. 26-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKA
CRP No. 6682 of 2026
N.ANAND VENKATESH J. RKA CRP No. 6682 of 2026 AND CMP NO. 28742 OF 2026 26-10-2026