Interim child custody or child protection

K S (Querist) 16 December 2015 This query is : Resolved
Hi Everyone,

My wife applied for divorce in July 2014 and I supposed to submit written statement. She is suffering from bipolar disorder and compulsive lying disorder and other associated borderline personality disorders.There are very huge number of contradictory statements among her emails, police complaint and divorce petition. I can list out 50 contradictory statements and 50 inconsistent & discrepancy statements. Certain statements clearly indicates that those are the statements of a lunatic. My son, aged about 5 years, has been living with her since 3 years.She committed suicide earlier.
I do not have any evidences to prove her psychological disorders except agreeing herself in a mail and in a message that she had psychological disorders.
She may commit suicide again and kill my son. Please guide me about how can i proceed for either interim custody or protection order for my son. Will it be possible to have psychological evaluation of her statements or evaluation of her to prove that there is a threat to the life of my son.
Many Thanks

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Guest (Expert) 16 December 2015
Yes she has to be evaluated by a qualified board of psychiatrics experts. Your making allegations is not evidence.
Child custody can be taken by you if she cant mentally and financially take care of her child.
It is complicated issue so better consult a good advocate in your town who is expert in family laws. Not easy to give on line comments without even knowing history.

SAINATH DEVALLA (Expert) 17 December 2015
U have to prove to the court that she is a lunatic,only with proper evidences and witnesses.If the court is satisfied that she has a psychiatric problem,then the court may give the custody of the child.

Rajendra K Goyal (Expert) 17 December 2015
You have to prove your statements in the court beyond doubt.

alexander (Expert) 17 December 2015
what do you mean by stating that " She committed suicjde earlier" The child has lived for three years with her and is presumably well and well looked after. Bringing up a small child is very back breaking chore. She seems to have done her expected role of a mother well.. Nobody is perfectly sane in this world.Yet for the purposes of law she would have to be certified insane. She may have other plausible defence to counter your pleas.

pl consult your local lawyer

have you submitted your written statement?

atul (Expert) 17 December 2015
She applies for divorce.
As per you she has serious psychic issues in her personality and is referred to as almost a lunatic.
Are you interested to live with her?
God sent opportunity and do not contest or oppose and cooperate to secure divorce.
Ask for custody of the child which will largely depend upon his preference

K.S.Srinivas (Expert) 19 December 2015
I agree with Expert Dr. Rajendra K Goyal.

Dr J C Vashista (Expert) 20 December 2015
There are number of contraditions in your query such as a person "committed suicide" and "alive"? " "5 years" old son living with his mother for the last "3 years"?
What is the opinion and advise of your lawyer, have faith in him/her and proceed as advised.

T. Kalaiselvan, Advocate (Expert) 25 December 2015
The contradicting statements if utilised properly may help you tide over the present crisis and it may even help you to secure the custody of your child by filing a petition before court under guardians and wards act.
Discuss the issues at length with your advocate.

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