Manpreet -
Here are the technicalities of this case -
1. When both the lawyers are saying that he is suffering from mental disorder there is noone who would stand out and challenge. Not even the judge as per my understanding. Reason for this pretty much simply, one alleged and another accepted where is the contradiction then? The party who will raise his/her voice first, will contradict his/her statement and would be exposed under Section 199 -
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199. False statement made in declaration which is by law receivable as evidence.-- Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or authorized by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.
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2. He should get the royal treatment in this case and his lawyer should convince the judge that he should not appear in the court as he is suffering from mental disorder indicated by his wife. As per the International Bill of Human Rights, Article 25 (Right to Health) it states that "Everyone has the right to a standard of living adequate for the health, and well-being of himself and his family...". Since he is suffering from some disorder so he should not be called upon in any place which could adversely impact his health.
3. It should be his wife responsibility to put the legal paper of his mental disorder. In case, she does not comply with her statement, he would automatically win the case on merit basis without any maintenance. Only point here is that his lawyer has to stick with the statement that he has mental disorder as indicated by wife...
4. In order to avoid any kind of maintenance, he can refer to any psychiatrist and ask her to give the proof that he is suffering from it since a long time...! Usually, these symptoms are not seen at earlier stages... Remember, it has been said that he has developed this disorder after 6 months of marriage. Nowhere, it has been said that he had gone for the checkup before the court case. Only after his wife sued him, he'd consulted psychiatrist and come to know about that he is suffering from such disorder from past 1 and half years!
Mango