Whether Courts should discourage Husbands' Lawyers' attempts to prove that Wife is mentally ill...
Main Reason: One out of every four women have emotional mood disorders requiring psychiatrist helps. Some get help. But most women suffer it out...
But these illnesses actually do not come under Legal Definition of "Mental illness sufficient for Divorce".
In each such case, where Wife has taken help of a psychiatrist, the lawyer for Husband tries to discredit Deposition of wife by summoning Psychiatrist in Court to prove his prescription and to argue that Wife is of unsound mind, justifying divorce. This is perhaps abuse of process of Courts
Sometimes psychiatrists are called every month in one Court or another, in one divorce case or other.
There appears no clear guidelines of High Court in this area.
In every case, where there is ordinary prescription of psychiatric treatment, the burden is on husband to persuade and bring psychiatrist in Court to give evidence.
The court has discretion to refuse to use its discretionary coercive powers to summon the psychiatrist and to issue warrants if he could not come.
I think here there is some grey area deserving guidelines of superior Courts.
Haresh Raichura 19/2/17
