The Madras High Court has observed that matrimonial litigation involving allegations of schizophrenia or any other serious mental disorder, whether ultimately proved or disproved, casts a long shadow upon the dignity, privacy, reputation, and social acceptance of the parties involved.
While directing all courts exercising jurisdiction over matrimonial cases with allegations of mental illness, including schizophrenia and other serious psychiatric disorders, the court ordered that parties be referred to as 'X' and 'Y' or by such anonymised descriptions as may be appropriate. This measure aims to prevent the disclosure of their names, caste titles, addresses, or any other particulars capable of revealing their identity.
A division bench comprising 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 for the remaining part of their life. The public disclosure of the identity of persons against whom such allegations are made will be a curse in society.
The judges noted that the law cannot remain silent regarding the psychological injury, social ostracism, enduring emotional trauma, and the perpetuation of stigma associated with mental illness in their day-to-day lives throughout their lifetime. Such humiliation can be legitimately avoided. The constitutional values of privacy, dignity, and individual autonomy require courts to adopt measures that protect litigants from unnecessary exposure and humiliation. Preservation of anonymity in such proceedings serves not only 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 filed on allegations that the wife was suffering from schizophrenia.
The judges observed that the husband 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 was confirmed, and the appeal preferred by the husband was dismissed.
