Mani123456 (Engineer) 28 November 2011

Cross examination and trying to prove i have mental disease

Hi,

I recently had cross examination. The opposite side Lawyer suddenly produced a Psychitrist prescripttion

date 1999. I could not deny that prescripttion during my cross examination as I just talked to doctor in 1999. In the prescripttion doctor put all sort of mental illness like obsesive cumplusion disorder, depression, agressive ness etc.

Now opposite party lawyer claiming that since I have this mental ill ness I ill treat the womens. This is

my second marraige and my wife got this prescripttion from my ex in laws.

I told the judge and him that the doctor visited my company and I talked to him as I had stress.

In reality also I never took any medicine by the said doctor and it was only one time talking to him.

My question is how seriously the court will take the 1999 prescripttion in year 2011 cross examination?

I did not deny because I did not want to lie in front of court and it came all of sudden because of shrewdness

of the lawyer. My wife in her objection or any document submitted to the court never furnished this document.

Kindly help me in knowing how serious can this be in my case and what can I do now.

I am perfectly ,mentally fit and now they are trying to prove me mentally unfit by producing a document

which is dated 1999.

Regards

Mani

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9 Replies

SHAILENDRA SRIVASTAVA (MANAGING PARTNER) 28 November 2011

YOU CAN APPLY TO THE COURT FOR MEDICAL CHECK-UP FOR ALL YOUR MENTAL ILLNESS WHICH CAN BE DONE BY THE EXPERTS/MEDICAL BOARD APPOINTED BY THE COURT .

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 29 November 2011

Better present yourself for medical examination where ever the court deems fit.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

PS: The prescripttion has complete validity, but you can give rebuttal on this piece after your cross is complete.

1 Like

Mani123456 (Engineer) 29 November 2011

Kindly let me know how will be impact of this on my divorce case. She filed 498a also against me and my parents. My parents are already discharged by Police and I am facing the trial now.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 29 November 2011

Dear Friend,

It can be inferred from pleadings of the parties as to what impact it has. It can not be ascertained otherwise by providing such small details.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Mani123456 (Engineer) 02 December 2011

Hi,

I filed the divorce case on following ground.

1.In 498 a my parents have been discharged by police.

2. She left matrimonial home in past and stayed in a women hostel

in same city for 9 months. She left my son with me.

3. During those 9 months , my both parents got medically sick and had surgery .

I and my son both got sick. She never turned up to support me.

4. She told in her objections that she can still lived with me provided I

do not live with my parents.Who are old and retired.

5. She took my son immediately after filing 498a and with drew him from the

school I put him in and I lost 85000 Rs of school fees.

Regards

Mani

Dr. GYV Victor., PhD., CEng., (Chartered Engineer Dredge Master (STCW 95) Marine Shipping Contracts Customs Arbitrator and Consultant) 02 December 2011

Since it appears that this is your 2nd marriage, as indicated your 2nd wife is in touch with your 1st wife shall makes the issues complicated. As experts advice, it is absolute necessary that you seek for medical examination by the panel of medcial experts to prove that you are sober. If you resist and or fail to appear for medical examination and or dont seek for medical examination, then the Hon'ble Court may construe that such documentary evidence with your past is still relapsing that might go against you.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 02 December 2011

How is this prescripttion relevant is still not shown.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 26 February 2012

When an allegation of mental illness is made in a court of law, the most important precaution is to appear sober, notwithstanding the provocation. Is there a mention of your alleged mental illness anywhere in your previous divorce case?

Have you engaged a lawyer? If so take his advice also.