Anand 28 February 2018

Counsellor report will be useful in judgement?

Hi All,

My questions:

1. During trial can I refer whatever counsellor told about her mental illness to me?
2. Counsellor will produce the report whatever we had discussed in counselling?
3. I've evidences of her audio record and her written statement will it be acceptable?
4.Even if she wins the case do I need to live with her?
5. Also, what happened to my divorce case?

Please help me on this issue. I'm looking for your valuable reply.

My case details:

I married on june 2016 and after 1 month of my marriage I got to my spouse has mental issue based on her actions. When I informed to her family, they said
She has mental issues before the marriage itself . They hidden this information and did the marriage. So, I thought file divorce case against her. Her family came for talk after knowing my intention . But, I wasn't interested to live with her. Hence, they have filed a police complaint and mentioned like I tortured her to get more dowry and i was beating her like that. But, I didn't do any of this. Then I went to police station and given written statement like "I will handle this issue in court".

To proceed ,I've filed divorce case against my spouse based on her mental issues in my hometown. To take revenge she filed RCR case in Chennai Family Court and in this RCR whetever she has mentioned against me and my family is false only. She attended the first trial in my hometown court and the very next day she filed my divorce case should be transferred to Chennai High court and this case should be coupled with RCR case as well. Madurai high court given verdict favor to her. Even though we tried counselling for my divorce case in Madurai high court. First time she attended and the counsellor has identified she has an mental issue and counsellor told her to bring her medical certificate on next counselling if she's not having any issues. But, she didn't come and attended the counselling.

Meanwhile her RCR case also started . On 1st hearing of RCR case she didn't attend , her lawyer only attended. Judge told to her layer to bring her in next vaidha. In second hearing she and her laywer requested to judge for counselling. I told to judge they are wasting time as they didn't my divorce case counselling in my hometown like that. But, judge told me to attend counselling in chennai high court. In counselling I told to counsellor whatever has happened to me and about her mental issues. Counsellor understood her mental issue from her face reaction and speach itself. Then counsellor told her bring her medical certificate on next counselling. Counsellor told me, she's having problem and you have fight hard to prove she's guilty like that.

In Second and third counselling also , she didn't bring her medical certificate and still she was saying I only deserted her and she wants to live with me. But, I never had such a thought to live with her due to her mental illness. Now counsellor informed us like "hereafter, no counselling and you guys check with judge and lawyers for trial".

Thanks in advance.

Thanks & Regards,
T. Anand

Reply Follow

7 Replies

Adv Radhika Mehta (Advocate) 28 February 2018

Originally posted by : Anand

Hi All,

My questions:

1. During trial can I refer whatever counsellor told about her mental illness to me?

Normally the Family Court Counsellors do not give anything in writing except a one line report saying that no reconcilliation or settlement is possible. In my experience, reports are given very rarely. Without any report, you cannot rely or mention as even if you, the other side will deny.
2. Counsellor will produce the report whatever we had discussed in counselling?

As mentioned above, normally not.
3. I've evidences of her audio record and her written statement will it be acceptable?

Yes. Audio records are accepted in Court.
4.Even if she wins the case do I need to live with her?

No-one can force you to live with her. Though to execiute RCR, she may seek attachment of your property under Order 21, Rule 32.
5. Also, what happened to my divorce case?

Both the matters shall be consolidated and tried together.

1 Like

Anand 28 February 2018

Hi Sir,

Thanks for you kind reply. I would like to know one more thing

Even if she wins the case do I need to live with her? No-one can force you to live with her. Though to execiute RCR, she may seek attachment of your property under Order 21, Rule 32.

Can I stop her to come to my property if she wins RCR? If I stop her, will it create any issues legally?

Waiting for your valuable reply sir.

Thanks & Regards,

T. Anand

Kumar Doab (FIN) 28 February 2018

Get your spouse a rented accomodation in that case.....

Avoid acting on impulses...and being restless...

Preferably engage a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having a successful track record ............and worth his/her salt...

1 Like

Anand 28 February 2018

Thank you sir. I'm also living in rented house only. Even I don't have any property. Still if I stop her, will it be a problem for me? Your valuable answer would be more welcome. Thanks in advance.

Adv Radhika Mehta (Advocate) 01 March 2018

Originally posted by : Anand
	Can I stop her to come to my property if she wins RCR? If I stop her, will it create any issues legally?

You can stop her but the same conduct will go against you later on if the same is recorded by her. Your refusal may harm your case ff she files for execution.

Mohana Varma (FAMILY COUNSELOR WOMEN EMPOWERMENT TRAINING TECHNICAL CONSULTANT) 01 March 2018

if she has the psycological problems than ther court shall insist on a psycological report from a certified professional or institute.

if she is certified to be psycologically ill, and if her parents had hidden the fact from you before the marriage, than the case would be on your side.

1 Like

Anand 01 March 2018

Originally posted by : Mohana Varma
	if she has the psycological problems than ther court shall insist on a psycological report from a certified professional or institute. if she is certified to be psycologically ill, and if her parents had hidden the fact from you before the marriage, than the case would be on your side.

During counselling , counsellor asked her to bring medical certificate. She didn't bring it. Sorry to ask, is that possible the doctor may give wrong report about her mental ability if she requests/ for her life to save? In that case my life will be gone right. As a counsellor could you please help me on this . Note : Counsellor found she has mental issue and counsellor told me about this often.

Your valuable reply could help me. Thanks in advance.

Thanks & Regards,

T. Anand