• Marital issue

One of my relative have marital issue ,they got married 6.5 yeas back now he(my relative ) want to get separate as he don't want to continue the marriage life because of below reason,

1)She dominates and no mutual respect and no sympathy 
2)She didn't care of in laws instead she harassed them such a way that they can leave home (from the day 1 of marriage parents lived with them hardly few months)
3)Her brother and uncle harassing this guy
4)She is giving mental torture to my relative 

He left the home they stayed (rented house ,but he is paying rent ) and staying at PG from past 4 months.

To resolve issue we given suggest for counselling ,but girl side dominant they booked psychiatric councelling (eventhough boy is no issue except he says he is not want her ,he don't like her and not getting s**ually satisfied with her ...etc)

My question 

1)Is they have right to inform this guy to show psychiatrist
2)If the guy doesn't like do we have any other means 
3)Since guy is scared of one sided law he is agreeing ,they may areest his parents and himself like that
4)In this case private psychiatreic documents can act as evidence for this ,please advce

Note :Both are engineers working in MNC

Thanks
Sidd
Asked 8 years ago in Family Law
Religion: Hindu

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5 Answers

1) you should agree to visit a family counsellor to resolve your differences

2)do not agree to psychiatrist suggested by wife

3)you can agree to consult a psychiatrist who has good reputation in your city

4)you can rely upon psychiatrist report

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

1. There is nothing wrong in attending counselling with a psychiatrist, but it will be better even if she is subjected to it. If your relative has decided to quit the married life with her, then there is no use is attending any counseling session.

2. If he is not willing to attend the counseling then he cannot be forced to attend.

3. He has to take precautions for that by obtaining anticipatory bail if at all she lodges a criminal complaint with the police.

4. The treatment for psychiatric disorders can be produced as evidence and the reliability of such documents has to be ascertained by court on the basis of the evidences given in support of it.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

1. Filing a divorce case is his own desire and choice.

He can do it based on the mental cruelties he suffered due to his souse which resulted into his present state of mental depression.

This is how he can plead his case for divorce to be filed agaisnt her.

2. The court will not declare him as a convict because he has not done any crime nor there is any criminal case pending against him for which this judgment or verdict was given.

3. That is his will and wish.

He can consult even a good and experienced lawyer in this regard and take his opinion and suggestion.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

what is nature of disorder?

2) husband can file for divorce but he has to porve the allegations made in petition

3) court would not declare husband as convict

4) husband is not bound to agree to meet a psychiatrist

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

1. The guy is free to apply for dissolution of marriage on the ground of cruelty which can be contested by his spouse.

2. In a civil dispute such as a petition for dissolution of marriage the courts do not declare anybody as a convict.

3. A marriage counsellor cannot legally separate them, only a decree by the competent court can break the matrimonial knot.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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