"Misconceived, Filed During Divorce Proceedings": Karnataka HC Dismisses Wife's Appeal Seeking Examination Of Husband For Alleged 'Missing Brain' Condition

The Karnataka High Court on Friday dismissed an appeal filed by an estranged wife challenging a single bench order which refused to direct the appointment of an Expert Committee of neurosurgeons to examine her doctor husband who is alleged of suffering from a porencephalic cyst (missing brain).

A division bench of Chief Justice N V Anjaria and Justice K V Aravind dismissed the appeal filed by the estranged wife challenging the order of the single judge bench dated June 4. It said “The entire petition clearly smacked that the petitioner was grinding a family dispute as per her own case, to file a complaint and seek prayer against R2 (husband) who is practising doctor. Petitioner did not file any complaint for 26 years against her husband's practice. At such a stage she brought the petition when divorce proceedings are pending, the prayers made are outrightly misconceived.”

Background

The couple got married on 18-06-1998, and it was the petitioner's case that her husband was diagnosed as suffering from a porencephalic cyst (missing brain) on 22-06-2004. Following this, the relationship between the petitioner and the 2nd respondent floundered and they moved the family court seeking a divorce, proceedings of which were pending.

It was stated that during the pendency of those proceedings, a complaint was registered by the petitioner against her husband before the Medical Council. On 21-05-2022 the Council rejected the application of the petitioner, following which she approached the High Court which set aside the order of the Council rejecting the application of the petitioner and remitted the matter back to the Council. Subsequently filed applications also were rejected.

The counsel for the appellant raised concern about the proceedings conducted by the KMC and said “None of the persons on the expert committee (Of KMC) are qualified to look into this matter as this is a specialised and only a neurosurgeon can look into this.”

The court on going through the record noted that admittedly divorce proceedings are pending in family court between the spouses as per the petitioner's own averments.

Court's observations

Stating that the complaint at KMC is filed under Section 151 of the Civil Procedure Code and Section 479 of the Criminal Procedure Code 1973, the court said “It is strange and beyond comprehension as to how the complaint before the Medical Council is filed under the provision of Code of Civil procedure. The conduct on part of the petitioner depicts that things are thoroughly misconceived.”

It added, “Ld Single judge considered the controversy in detail to come to the conclusion that two decades have passed and no complaints has been received from any of his (husbands) patients.”

Following this it held that the single judge had rightly viewed that it was not a case to grant any relief to the petitioner. It was said that no error had been committed by the single judge and the plea was dismissed.

Also Read: Karnataka High Court Declines Wife's Plea To Examine Husband Allegedly Diagnosed With 'Missing Brain' Condition Amidst Pending Divorce Case (livelaw.in)

Case Title:Dr. Namratha NR and Karnataka Medical Council & Others

Case No: Writ Appeal No 1017/2024

Citation: 2024 LiveLaw (Kar) 362