Refer matrimonial cases involving mental illness claims as ‘X’ and ‘Y’: HC

Madurai: Matrimonial litigation involving allegations of schizophrenia or any other serious mental disorder, whether ultimately proved or disproved, casts a long shadow upon their dignity, privacy, reputation, and social acceptance, Madras high court has observed. The court made the observations while directing all courts exercising jurisdiction over matrimonial cases involving allegations of mental illness, including schizophrenia and other serious psychiatric disorders, to refer the parties as ‘X’ and ‘Y’ or by such anonymised descriptions as may be appropriate.

This is to prevent disclosing their names, caste titles, addresses or any other particulars capable of revealing their identity.A division bench of justice N Anand Venkatesh and justice K K Ramakrishnan observed that in view of the increase in matrimonial litigations with serious allegations of mental illness the identity of the party in the litigation process would cause serious repercussions to the remaining part of their life.

The public disclosure of the identity of the persons against whom such allegations are made will be a curse in the society.The judges observed that the law cannot remain silent for the psychological injury, social ostracism, enduring emotional trauma, and the perpetuation of stigma associated with mental illness in their day-to-day lives till their lifetime. Such humiliation can be legitimately avoided. The constitutional values of privacy, dignity, and individual autonomy require the courts to adopt measures that protect litigants from unnecessary exposure and humiliation.

Preservation of anonymity in such proceedings serves not only in the interests of the parties but also advances a humane and sensitive approach towards issues relating to mental health.Accordingly, as a measure to safeguard the privacy and dignity of the parties, their names and other identifying particulars shall not be disclosed in judgments, orders, pleadings, or court records made available to the public.

The parties shall be described as ‘X’ and ‘Y’, or by such other anonymised nomenclature as the circumstances of the case may warrant, the judges observed.The court passed the order while hearing an appeal preferred by a man challenging the order passed by the family court in Thanjavur which had dismissed his divorce petition which was filed on allegations that the wife was suffering from schizophrenia.The judges observed that the husband has failed to establish cruelty and mental illness or any other ground warranting dissolution of marriage. The dismissal of the divorce petition by the family court is confirmed, the judges observed and dismissed the appeal preferred by the husband.