• Waiver off of debts in mental unfit case - 2

Thank you all, I do believe that there is a probability of getting relief from his  debts. 

1.The very first diagnosis was made by Dr. Nitin Bhatt Psychiatrist Max Hospital in July 2013 on the basis of my husband' s odd behaviour and the fact that his younger sister and her child both are also mentally unfit  My husband was under his treatment for 4 months or so till he himself decided to discontinue the treatment.  
2. In 2014 April Dr. Same er Malhotra Head Psychiatrist Max Hospital also confirmed and  referred him for Psychometry analysis which was conducted by Dr. Roma Kumar, Psychologist Max Hospital.  The analysis clearly states atypical symptoms which are related to Bipolar disorder.
3. Again in 2014 August Dr. Ritu Dhingra Psychologist  clearly stated the need for medication for the chemical imbalance in the brain. 
4. Followed by a meeting with Dr. Jitendra Nagpal Head Psychiatrist Moolchand Hospital who infact told his family to admit him in Shahdra or to.Vimhans-  both being mental care institutions. 
Regarding Police documents,  
1. I had lodged an FIR missing persons complaint when he had disappeared unannounced in July 2013. 
2.I also informed in writing to the same police station of his walking out on 2nd April 2014 on his own accord being untreated case of the disorder and that me and my family should not be held liable for any of his activities. 
3.Also on 15th August 2014 I was trying to get him admitted to a rehabilitation centre run by Dr Gaurav Gupta a renowned Psychiatrist. On their advice I had to inform the same police station of this decision and submit the Copy of police acknowledgment to the rehab alongwith affidavits of no objection of his family members which of course they refused. 

I do have all the prescriptions,  police complaints and informations submitted. A copy of the said documents I have given to the lawyer here.

 In fact I myself stopped many people from lending money to him mentioning his state of mind. I feel miserable giving his disease details to people every time I have tried saving him from further debts. But important is accepting the truth and helping him in his treatment which I alone cannot do. The lack of support of his family has brought all this on us!

The offense of writing cheques knowing that there are no funds in the account is not a decision of a normal minded person.  My husband is an MBA fromUniversity of Liverpool. We lived in Turkey for nearly 8 yearss. He has held senior positions in companies overseas and never has done anything fraudulent. I believe and have faith in the doctor's diagnosis 

My reason of taking your view point was I had talked with couple of advocates but got conflicting views on the defence based on bipolar.  One said it was possible but he will have his team reserch on the said disorder and the other out rightly negated it. I was a bit confused. I have understood the requirements and hope it works. Thank you all once again.
Asked 3 years ago in Criminal Law from Gurgaon, Haryana
1. The bi-polar disorder there or not, no one except your husband is responsible for his cats which may include both civil and criminal wrongs.
2. Bi-polar disorder is not an insanity which remains all the time with the patient. it affects the patient at a certain point of time and remain with him for sometime and after some period of time of treatment the patients becomes a normal person capable of discharging his usual duties and responsibilities.
3. An agreement executed with an insane person is void or not enforceable but very much valid it is done at a time when the person was free from its periodic effects.
4. So to defend himself he will have to establish that at the time when borrowed money he was under effect of the disease. 
5. Bi-polar disorder can only be taken as a defence if it is shown that all his acts happened at a tie when was under its affect. This is important since a bi-polar disorder does not incapacitate the patient all the time.
Devajyoti Barman
Advocate, Kolkata
12832 Answers
166 Consultations

5.0 on 5.0

The bi-polar disease is not something which is incurable. hence it is difficult to prove that your husband at the time of committing the offence was suffering with the said disease. so you need to produce all the details when approaching the court to assert that your husband was mentally unstable at the time of issuing cheques etc.
Shaveta Sanghi
Advocate, Panchkula
866 Answers
64 Consultations

5.0 on 5.0

1. The opinions of two advocates may differ because of their varied interpretation of law. The observation and opinion of one court is also negated by its Court upper,

2. Your act committed at the time of his mental disorder is not binding on him,

3. You shall have to prove that he had committed those illegal acts at the time of his mental disorder,

4. Understand you have the basic requirements of recordings/documents to extablish that he has bipolar disorder which you have also recorded with the local police,

5. Engagae a local lawyer having expertise in this field to construct a defense to prove that he was not mentally in order when he had committed those alleged illegal acts.
Krishna Kishore Ganguly
Advocate, Kolkata
18493 Answers
448 Consultations

5.0 on 5.0

You are in a tough situation.Bipolar disorder is a brain disorder that causes unusual shifts in mood, energy, activity levels, and the ability to carry out daily tasks. Bipolar disorder symptoms can result in damaged relationships, poor job or school performance, but bipolar disorder can be treated, and people with this illness can lead full and productive lives. Some people with bipolar disorder experience hypomania, a less severe form of mania.

From your words “I do have all the prescriptions, police complaints and information’s submitted” So you have ample substantial evidence for Bipolar disorder. Bipolar creates serious challenges within a marriage. A bipolar marriage may often seem very chaotic.
You have to prove that your husband at the time of committing the offence was suffering with Bipolar disorder.
Ajay N S
Advocate, Ernakulam
2767 Answers
47 Consultations

5.0 on 5.0

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