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  1. Ravi
  2. Domestic Violence
  3. Monday, June 05 2017, 09:58 PM
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Hello,

I am facing mental harassment in my marriage from my wife. Unfortunately she has the support of my parents.
I am afraid if I decide to separate she will file case of DV using mental insanity and cruelty against me.
My question is
1. What proof would she require to establish insanity. Can I expose her if I have medical report showing sound mental health.
2. Can she try to go to the extent of getting custodianship of her husband so that he has no legal rights to separate. What proof would she require. Is a supportive statement from my parents enough or is medical practitioner statement required.
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Dr Katta Accepted Answer
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1) Who is insane here husband or wife? Whosoever alleges have to prove the other party as insane or of unsound mind, which will be certified by a panel of doctors appointed by IMA through court.

2) Neither can u stop the other side from lodging any complaint being their right, nor can you take any preventive measures to shield, except to defend only after the allegations are known. Cant foretell legal opinion on hearsay presumptions and assumptions.

Click 'ACCEPT AS ANSWER' to appreciate my legal response.
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  1. more than a month ago
  2. Domestic Violence
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Ravi Accepted Answer
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Hello,

thank you for the reply.
The question was assuming the wife frames the husband as insane falsely, inorder to prevent him from separating or try and get custodianship so that she can control his personal decisions.

As I understand that the court would require examination by a panel of doctors inorder to decide mental insanity and not by her personal doctor or any family member whether on my side or hers.

One more question I have is , as I understand the new mental health bill also allows a person to nominate a custodian in case he suffers from mental health challenge in the future , allowing that person to take decisions on the patients behalf. So in the case I appoint my friend as my future custodian in case of any future handicaps, would that override any claim my wife can make to get my custodianship then.

Thanks for the important suggestions.

Regards
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  1. more than a month ago
  2. Domestic Violence
  3. # 1
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