• Waiver off of debts in mental unfit case

My husband is a case of untreated bipolar disorder. He was diagnosed with this in  July 2013  post a huge loss in business and his disappearance for five days. Initially my in laws (mother in law, sister in law and brother in law) refused to accept and then later didn't support his treatment also.  My husband left the treatment halfway in November 2013.  After a violent episode on 28.03.2014  with me I kept my foot down and refused to live together till he  restarted the treatment. He opted to walk out on me on 2 april 2014 and our child  who was three years.  With his family support he restarted his business and all this while I kept reminding his family of the previous debt of 40 lakhs. They instaed of hearing me went ahead and maligned me and my family of  how we had thrown their son on roads. Anyways days turned into months and my husband in his untreated condition turned euphoric. In his mania phase he took money from his friends, relatives and associates.  He travelled and stayed in hotels telling people tales of his business empire probably bigger than an Ambani or Mittal or Tata's. On one of his trips to bombay he found a starlet named Rekha Rana wirh whom he decided to spend his life and started asking for divorce.  Later as his various ventured didn't pay up the lady left him.  I started getting legal notices on our home address for his non payment of salaries,  bills etc. When all failed and his family also had mortgaged all he returned to me on 24th December after 9 months deeply depressed.  I started coaxing him for treatment and he kept mumbling all had finished. On 13th January he received summons to appear in court for criminal charges of cheque bouncing sued by two companies whom he owed. His family cleverly has shirked him off and now my family is helping.  He is bankrupt with no asset in his name and a case of untreated bipolar disorder. We have seen a lawyer and according to him we should first take bail. There are 3 summons so would there be 3 bails?  Approximately of how much amount each? Is there a possibility of this 7+5 lakhs of one company and 70 thousand of another to be waived off under the defence of his mental unfit state?
Asked 3 years ago in Criminal Law from Gurgaon, Haryana
1. It is you who is thinking and stating  that he was in a bipolar state when he took loans, behaved like Ambanis, comforted Rekhas etc.,

2. You shall have to prove with evidence about his mental disorder at the time of committing the alleged crimes for which Summons have been issued against him,

3. Consult a Medical Professional seeking certificate for his such state alongwith prescriptions and receipts for buying medicines,

4. had there been any missing report lodged before the police about your husband mentioning about his mental disorder, it would have been better,

5. Without proving that he was unable to make sound judgements at the time of those alleged incidences, his, inter alia, Rekha episode may now prove costly for him.
Krishna Kishore Ganguly
Advocate, Kolkata
18135 Answers
438 Consultations

5.0 on 5.0

1. First legal step you need to take is to make him appear in the court and get bail. if summons is for thee different cases In each case you need to apply bail, bail in the summons case is a routine, your advocate will have to file application and bail will be granted , with or without sureties.
2. Once he appear before the court he can get time to settle the case or if the case is weak he should go ahead with the trial. The settlement in cheque cases can be done even in later appeal  stage also, so he will get sufficient time .
3.Regarding a defense of Bi-polar is a reasonable one and you discus it with your advocate.It is necessary to prove that the time of borrowing and issuance of cheque your husband was affected and under treatment and this illness affected his mental condition.This has to be certified by a doctor before  the court
Thresiamma G. Mathew
Advocate, Mumbai
1510 Answers
134 Consultations

5.0 on 5.0

Well yo are not very cleat about the nature of offences and the charges brought.
In any event the cases seem to be of criminal nature in which only the defaulter i.e. your husband is alone responsible and other family members like you can not be implicated for the wrongs done by him.
You have no civil liability either to repay the debt owned by your husband.
I would advise you to file a insolvency petition on behalf of your husband so you or your husbands may be freed from getting hounded out by the creditors.
Devajyoti Barman
Advocate, Kolkata
12525 Answers
160 Consultations

5.0 on 5.0

As per your facts, if there are three summons issued for three different cases, then bail is to be filed in each case separately. 

If you are taking his disease as a defence, then you must consult his doctor under whom he was taking treatment and get a certificate to the effect of his mental disorder. further, if your husband has nothing on his name and is bankrupt then it is advisable to file insolvency petition for releasing him from the debts pending against him.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
843 Answers
63 Consultations

5.0 on 5.0

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