SC stays Chhattisgarh HC order of medical examination of woman

The Supreme Court on Saturday stayed an order of the Chhattisgarh High court directing a team of doctors to conduct a medical examination on a woman to ascertain if she is mentally fit to get married. Earlier, a petition was filed by the girl's father in Chhattisgarh High court seeking a psychiatric examination of her daughter, who had married a Muslim man against his wishes, contending that she is mentally unfit to get married.

Following this, the High Court had ordered the same to be conducted by a team of three doctors including a psychiatrist and sought the report to be submitted in a sealed cover. While putting a stay on the High Court's order today, a Bench headed by Justice MR Shah asked the woman's lawyers to approach the High Court within four weeks.

The top court also said that till the High Court passes orders on her application, the Chhattisgarh High Court order of her medical examination shall remain stayed. The apex court further said, "It will be open for the High Court even to call the petitioner (woman) and have a dialogue with her and try to assert the true facts."

This came after Advocate Pallav Mongia, representing the disgruntled woman challenged the High Court's order and filed an appeal in the apex court. The petitioner had contended that the High Court had passed the order without hearing her and that the same had infringed her right to autonomy and dignity.

The plea contended that the woman has been certified as mentally fit in a medical examination conducted by a team of three doctors on March 17. It was further claimed by the woman that she was being tortured and harassed by her parents who did not permit her to leave the house to live with her husband.

The petitioner stated that she had made a rescue call in March and was taken to "Sakhi One Stop Centre" in Raipur. She also claimed that her parents forcibly took her to a mental hospital in Akola in Maharastra where she was threatened that she would be killed if she stayed with her husband. 

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