MENTAL PROBS.
raghu
(Querist) 14 April 2011
This query is : Resolved
My wife was diagnosed with paranoid skizophrenia & borderline personality disorder just a few months after marriage & has been on medication since aug'10. she has attempted to kill me by burning me alive & i intend to legally lodge in a mental hospital. Now my wife & MIL are threatning to put false cases against my entire family.
DOES ANY EXPERT HERE HAVE ANY JUDGEMENT/SECTION WHICH SAYS THAT A PERSON, OFFICIALLY DECLARED INSANE CANNOT FILE FIR/CASES IN COURT?
Santosh Goswami,Advocate
(Expert) 15 April 2011
It affords a good ground for divorce.Judgement can be searched.
09555462995
Atuliya
(Expert) 15 April 2011
Let them file the so called False cases you have good defense in her medical condition.
Moreover, as Mr Goswami opines it is the ground for divorce; most people would rush to use it in their Divorce petition.
If you need help feel free to contact.
prashant pundhir
(Expert) 16 April 2011
Dear,
Here is not any law or section which stops the mentally unsound person to lodge the FIR .It is the matter of investigation and also on trial the matter of evidence.Although the case can be decided keeping in view the mental position of complainant.
Any way,if you are suspected about complaint,
go for the AP to the HC.After the complaint,you can go for quashing the same u/s 482cr.p.c.
A very important advise for you is that do not say as she got the mental disorders after marriage as it can go against of you . Say it like that she was suffering from such mental disorders before the marriage and which you came to know after marriage .
