• What is considered evidence for mental illness in court?

My wife has been diagnosed with borderline personality disorder due to her repeated suicide attempts.

My father-in-law bas recently provided proof of treatment in the form of a report from a clinic. Another doctor from my end has provided a similar diagnosis.

I would like to understand what makes constitutes as proof of mental illness and can they claim that duress if they want and will the claim be admissible in court?
Asked 4 years ago in Family Law
Religion: Hindu

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8 Answers

1) diagnostic report from doctor that patient is suffering from borderline personality disorder 

 

2) generally patients with borderline personality disorder have following symptoms 

 

1. Fear of abandonment

2. Unstable or changing relationships

3. Unstable self-image; struggles with identity or sense of self

4. Impulsive or self-damaging behaviors (e.g., excessive spending, unsafe sex, substance abuse, reckless driving, binge eating).

5. Suicidal behavior or self-injury

6. Varied or random mood swings

7. Constant feelings of worthlessness or sadness

8. Problems with anger, including frequent loss of temper or physical fights

9. Stress-related paranoia or loss of contact with reality

 

3) the diagnostic report would be accepted by court 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

You can discuss the actual problem instead of putting the question in the form of a riddle.

The border line personality disorder  is a serious mental illness. People with BPD have trouble regulating their emotions, controlling their behavior and maintaining stable relationships. It is also known as is also known as emotionally unstable personality disorder (EUPD).

But duress or any other rustication given by them cannot be acceptable especially if there is a diagnosis report by medical examiners 

A person with BPD is highly sensitive to abandonment and being alone, which brings about intense feelings of anger, fear, suicidal thoughts and self-harm, and very impulsive decisions.

So you may find out the reason which causes or caused this illness and prepare your defence in court of law accordingly. 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

Dear client, 

Medical reports are proof of mental illnesses. They can claim it and it will be admissible but the opposite party can disprove it too using the medical reports. 

Thank you


                                                                                         

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Medical certificate is admissible in court as evidence

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

You have to pay maintenance if your wife is not working 

 

you also have to pay maintenance for your child

 

if both are working both have to maintain child in proportion to your incomes 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

If she is not employed or =not having any source of income to sustain her expenses, you are duty bound and liable to maintain her or pay her monthly maintenance amount whether you divorce her or staying alone or living together. 

The relief for cheating you is by filing a divorce petition and seek relief of dissoultion of your marriage on the grounds of cruelty and cheating  and whatever you may find a strong reason.

But you cannot avoid paying maintenance to your wife and your child for this reason.  

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

Yes you need to maintain child in any circumstances you don't have to maintain wife

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

Dear client, 

yes, you have to pay maintenance to the child and wife (if she is incapable of earning or can not survive without you). 

Thank you


                      


                                                                              

 

 

 

 


                                            

 

 

 

 

 

 



                                                                                                                                              

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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