India, April 17 -- The Bombay High Court on Wednesday ruled that trial courts have the power to refer parties to a matrimonial litigation to psychiatric evaluation, but such discretionary power cannot be exercised casually or without any prima facie case. A bench of justice SG Chapalgaonkar said matrimonial courts possess sufficient powers to direct medical examination in case decree for divorce under section 13(1)(iii) of the Hindu Marriage Act is sought on grounds of incurable unsound mind or severe mental disorder of the other spouse.

To prove their case in such instances, the petitioner spouse is required to establish that the unsoundness of mind of the other spouse is incurable, or that the mental disorder is of such kind and to suc...