Harassment by wife
Querist :
Anonymous
(Querist) 22 December 2011
This query is : Resolved
Hello all,
If a wife is mentally unstable and troubling or harrassing her husband, what is the best route to take to solve
the problem amicably.
Wife does not understand that she has mental problem. She refuses to go to the psychologist. She feels she if perfectly fine. Under such circumstances what the husband can do.
Is it advisable for the husband to complain to anyone about the harassment meted out to him. Does the law force a person to stay with the wife even if she is mentally unstable.
Regards,
Kiran
Shonee Kapoor
(Expert) 22 December 2011
If all efforts to settle out of court fails, then courts are the only recourse.
But here it would depend when did she become mentally unstable. After marriage or pre-existing condition?
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 23 December 2011
Yes, if you are so exasperated then filing a suit for divorce seems to be the only remedy.
Deepak Nair
(Expert) 23 December 2011
First of all you should prove her mental illness through proper channel. Mere allegations are not going to help you.
Once you are able to get a certificate from the appropriate authority in this regard, then nothing will stop you from initiating a divorce proceeding
Raj Kumar Makkad
(Expert) 23 December 2011
Provisions of Mental Helath Act can be got applied in such case wherein husband thinks that it shall harm health and life of himself or any other member of his family or wife herself then he may make complaint to either concerned police station, DM, DJ, CMO or any of the authorities in this regard who shall forcibly arrange the medical treatment for such patient.
Querist :
Anonymous
(Querist) 23 December 2011
Whether the mental stability was there before or not it something which is not known. But she was behaving strangely even before marriage which was not noticed very keenly. From the first day of marriage problems have started.
More than proving her mental instability what is being looked at is a way to solve the problem by convincing the person to take counseling sessions. That is not being accepted by the person.
Yes indeed it is harmful mentally to all the people who stay with her wherein they cannot do anything else other than looking at all these activities done by her. What is the expansion of DM, DJ and CMO.
prabhakar singh
(Expert) 24 December 2011
EXPANSIONS..
DM=DISTRICT MAGISTRATE,
DJ=DISTRICT JUDGE,AND
CMO= CHIEF MEDICAL OFFICER.
prabhakar singh
(Expert) 24 December 2011
However as your patient is not ready for voluntary check up you need to go through provisions of the Mental health Act,in particular section 19,20.21 and 22 and they are reproduced here below for you ready reference.the entire text of the Act can however be looked into on the site:http://www.disabilityindia.org/mentalact.cfm#Mental
PART II
ADMISSION UNDER SPECIAL CIRCUMSTANCES
19. Admission of mentally ill persons under certain special circumstances
Any mentally ill persons who does not, or is unable to, express his willingness for admission as a voluntary patient, may be admitted and kept as an in-patient in a psychiatric nursing hospital or psychiatric nursing home on an application made in that behalf by a relative or a friend of the mentally ill persons if the medical officers-in-charge is satisfied that in the interest of the mentally ill persons it is necessary so to do.
PART III
RECEPTION ORDERS
20. Application for reception order
An application for a reception order may be made by -
the medical officer-in-charge of a psychiatric hospital or psychiatric nursing home, or
by the husband, wife or any other relative of the mentally ill person.
Where a medical officer-in-charge of a psychiatric hospital or psychiatric nursing home in which a mentally ill- person is undergoing treatment under a temporary treatment order is satisfied that -
the mentally ill person is suffering from mental disorder of such a nature and degree that his treatment in the psychiatric hospital or as the case may be, psychiatric nursing home is required to be continued for more than six months, or
It is necessary in the interests of the health and personal safety of the mentally ill person or for the protection of others that such person shall be detained in a psychiatric hospital or psychiatric nursing home.
He may make an application to the Magistrate within the local limits of whose jurisdiction the psychiatric hospital or, as the case may be, psychiatric nursing home is situated, for the detention of such mentally ill-person under a reception order in such psychiatric hospital or psychiatric nursing home, as the case may be.
Subject to the provisions of sub-section (5), the husband or wife of a person who is alleged to be mentally ill or, where there is no husband or wife, or where the husband or wife is prevented by reason of any illness or absence from India or otherwise from making the application, any other relative of such person may make an application to the Magistrate within the local limits of whose jurisdiction the said person ordinarily resides, for the detention of the alleged mentally ill-person under a reception order in a psychiatric hospital or psychiatric nursing home.
Where the husband or wife of the alleged mentally ill person is not the applicant, the application shall contain the reasons for the application not being made by the husband or wife and shall indicate the relationship of the applicant with the alleged mentally ill person and the circumstances under which the application is being made.
No person -
who is a minor, or
who , within fourteen days before the date of the application, has not seen the alleged mentally ill person, shall make an application under this section.
Every application under sub-section (3) shall be made in the prescribed form and shall be signed and verified in the prescribed manner and shall state whether any previous application had been made for inquiry into the mental condition of the alleged mentally ill person and shall be accompanied by two medical certificates from two medical practitioners of whom one shall be a medical practitioner in the service of Government.
21. Form and contents of medical certificates
Every medical certificate referred to in sub-section (6) of Sec. 20 shall contain a statement -
that each of the medical practitioner referred to in that sub-section has independently examined the alleged mentally ill person and has formed his opinion on the basis of his own observations and from the particulars communicated to him;
that in the opinion of each such medical practitioner the alleged mentally ill person is suffering from mental disorder of such a nature and degree as to warrant the detention of such person in a psychiatric hospital or psychiatric nursing home and that such detention is necessary in the interests of the health and personal safety of that person or for the protection of others.
22. Procedure upon application for reception order
on receipt of an application under sub-section (2) of Sec. 20, the Magistrate may make a reception order, if he is satisfied that -
the mentally ill person is suffering from mental disorder of such a nature and degree that it is necessary to detain him in a psychiatric hospital or psychiatric nursing home for treatment; or
it is necessary in the interests of the mental and personal safety of the mentally ill person or for the protection of others that he should be so detained, and a temporary treatment order would not be adequate in the circumstances of the case and it is necessary to make a reception order.
On receipt of an application under sub-section
of Section.20, the Magistrate shall consider the statements made in the application and the evidence of mental illness as disclosed by the medical certificates.
If the Magistrate considers that there are sufficient grounds for proceeding further, he shall personally examine the alleged mentally ill person unless, for reasons to be recorded in writing, he thinks that it is not necessary or expedient to do so.
If the Magistrate is satisfied that a reception order may properly be made forthwith, he may make such order, and if the Magistrate is not so satisfied, he shall fix a date for further consideration of the application and may make such inquiries concerning the alleged mentally ill-person as he thinks fit.
The notice of the date fixed under sub-section (4) shall be given to the applicant and to any other person to whom, in the opinion of the Magistrate such notice shall be given.
If the Magistrate fixes a date under sub-section (4) for further consideration of the application, he may make such order as he thinks fit, for the proper care and custody of the alleged mentally ill person pending disposal of the application.
On the date fixed under sub-section (4), or on such further date as may be fixed by the Magistrate, he shall proceed to consider the application in camera, in the presence of -
the applicant:
the alleged mentally ill person (unless the Magistrate in his discretion otherwise directs);
the person who may be appointed by the alleged mentally ill person to represent him; and
Such other person as the Magistrate thinks fit. and if the magistrate is satisfied that the alleged mentally ill person, in relation to whom the application is made, is so mentally ill that in the interests of the health and personal safety of that person or for the protection of others it is necessary to detail him in a psychiatric hospital or psychiatric nursing home for treatment, he may pass a reception order for that purpose and if he is not so satisfied, he shall dismiss the application and any such order may provide for the payment of the costs of the inquiry by the applicant personally or from out of the estate of the mentally ill person, as the Magistrate may deem appropriate.
If any application is dismissed under sub-section(7), the Magistrate shall record the reasons for such dismissal and a copy of the order shall be furnished to the applicant.
2. Definitions
"Magistrate" means -
in relation to a metropolitan area within the meaning of Cl (k) of Sec. 2 of the Code of Criminal Procedure, 1973 (2 of 1974), a Metropolitan Magistrate;
in relation to any other area, the Chief Judicial Magistrate, Sub-Divisional Judicial Magistrate or such other Judicial Magistrate of the first class as the State Government may, by notification, empower to perform the functions of a Magistrate under this Ac.
i"medical officer" means a gazetted medical officer in the service of Government and includes a medical practitioner declared, by a general or special order of the State Government, to be a medical officer for the purposes of this Act;
"medical officer in charge" in relation to any psychiatric hospital or psychiatric nursing home, means the medical officer who, for the time being, is in charge of that hospital or nursing home;
"medical practitioner" means a person who possesses a recognised medical qualification as defined -
in Cl (h) of Sec 2 of the Indian Medical Council Act, 1956 (102 of 1956), and whose name has been entered in the State Medical Register, as defined in Cl. (k) of that section;
in Cl (h) of sub-section (1) of Sec. 2 of the Indian Medicine Central Council Act, 1970 (48 of 1970), and whose name has been entered in a State Register of Indian Medicine, as defined in cl (j) of sub-section (1) of that section; and
in Cl. (g) of sub-section (1) of Sec. 2 of the Homoeopathy Central Council Act, 1973 (59 of 1973), and whose name has been entered in a State Register of Homoeopathy, as defined in Cl. (I) of sub-section 1) of that section;
"Mentally ill person" means a person who is in need of treatment by person of any mental disorder other than mental retardation;
"mentally ill prisoner" means a mentally ill person for whose detention in, or removal to, a psychiatric hospital, psychiatric nursing home, jail or other place of safe custody, an order referred to in Sec. 27 has been made;
"minor" means a person who has not completed the age of eighteen years;
"notification" means a notification published in the Official Gazette;
"prescribed" means prescribed by rules made under this Act;
b"District Court" means, in any area for which there is a city Civil Court, that Court, and in any other area the principal Civil Court of original jurisdiction, and includes any other Civil Court which the State Government may, by notification, specify as the Court competent to deal with all or any of the matters specified in this Act.
prabhakar singh
(Expert) 24 December 2011
For checkup section 19 can be utilized.In case you fail??Then you have right to move an application for reception order under section 20.1.b.before the magistrate who shall follow procedure laid down in section 22.
Deepak Nair
(Expert) 24 December 2011
Dear Kiran,
I hope Prabhakar Sir has cleared all your doubts regarding legal aspects in the present issue.
Deepak Nair
(Expert) 24 December 2011
@ Prabhakar Sir,
I too was unaware of this provision. Thanks a lot for putting light on this.
Querist :
Anonymous
(Querist) 24 December 2011
Hello Prabhakar Sir,
Thanks for posting the details. It was really helpful.
Thanks for your time.
Regards,
Kiran
