The Madurai Bench of the Madras High Court has directed all courts exercising jurisdiction over matrimonial cases that in cases involving allegations of mental illness, including schizophrenia and other serious psychiatric disorders, the parties should throughout the proceedings be referred to as ‘X’ and ‘Y’ or by such anonymised descriptions as may be appropriate, without disclosing their names, caste titles, addresses or any other particulars capable of revealing their identity.

A Division Bench of Justices N. Anand Venkatesh and K.K. Ramakrishnan said in view of the increase in the 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.

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. The public disclosure of the identity of the persons against whom such allegations are made will be a curse in society, the court said.

“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,” the bench said.

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, the court said.

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 court said.

The court issued the direction while confirming the dismissal of the divorce petition by the Family Court in Thanjavur. The court held that the husband had failed to establish cruelty and mental illness or any other ground warranting dissolution of marriage.