The courts normally do not consider diagnostic label alone while deciding such cases; the nature, extent of the disability in a particular case is considered more important. Some years back in a similar case, the Supreme Court had pithily observed," Schizophrenia is what schizophrenia does"
Anirudh Kala Prof.A.K.Kala, Clinical Director, North India Psychiatry Centre, 95-A,Model Gram, Ludhiana.141002 Phone 91-161-2772410,2773309, www.psychiatristindia.com On Mon, Aug 29, 2011 at 4:05 PM, Vaishnavi Jayakumar <[email protected]> wrote: > Hetal Vyas > > 29 Aug 2011 > > BANGALORE : Prema is a well-educated woman, married to Raghu, an executive > with a multinational company in Bangalore. The couple tied the knot in 1997 > and has an 11-year-old daughter. Those who don't know Prema will find her > healthy and happy. But her husband and daughter have experiences otherwise. > Raghu has moved the family court seeking divorce from Prema saying she's > suffering from obsessive compulsive disorder (OCD), a mental illness or a > psychiatric disorder. > > Raghu, in his plea, has contended that in the initial years of marriage he > noticed that Prema had a habit of doing certain things repetitively. "She > will either keep washing her hands or repeatedly check if the main door is > closed. I used to ignore it, but her behaviour became more obsessive after > our daughter was born in 2000. Once she started going to school, Prema used > to doubt if she really goes to school or not; she does her homework or not. > She used to punish the child for petty reasons," states Raghu. > > But can OCD be a ground for seeking divorce? A family court in Bangalore has > raised this pertinent question. Last week, when Raghu's petition came up for > hearing, the judge posed some questions: "Is this illness incurable? Show > how will it affect your matrimonial prospects?" > > The court also questioned if a person suffering from OCD can live a normal > life. "What if her illness is cured after divorce is granted?" asked the > judge. > > Raghu's lawyer argued: "He waited for two years after finding out that she > is suffering from OCD. She hasn't shown any improvement to treatment for > over ten years now. Even the child is getting affected because of the > mother's behaviour." > > The plea, which was filed in 2001, said Prema's symptoms aggravated from > 2000, after the birth of their daughter. She was treated in two Bangalore > hospitals and also one in the United Kingdom but hasn't shown any > improvement. She is now staying with her parents in Kerala and is under > treatment. > > Prema's lawyer countered that his client is responding to treatment and the > illness is curable. "Just because a mother is giving some minor punishment > to the child, can she be called mentally ill? Or can it be a ground to seek > divorce?" he asked. > > EXPERT OPINION > > Sheila Aneesh, president of All-India Federation of Women Lawyers, said: > "The law generally says that some incurable disease can be a ground for > divorce. But the case should be supported by medical reports which say that > the disorder or the illness is incurable in nature. There are chances that > certain illnesses which are incurable today can be cured tomorrow with the > help of advanced medical facilities. The judgment in a case should be passed > on the present status of the case and not on its future prospects." > > DOCTOR'S DICTATE > > B N Gangadhar, professor of psychiatry, National Institute of Mental Health > and Neurosciences ( Nimhans), had this to say: "Diagnosis cannot answer all > questions. A good proportion of these patients show much improvement and we > say they are cured." He explained that in a similar proportion, response to > treatment would be satisfactory thus enabling a person to perform most of > the essential roles. "However a small proportion would be disabled even > after considerable treatment and the disability of performing matrimonial > duties can vary from case to case," he added. > > MERIT OF THE CASE > > A family court,while hearing the case last week, asked if obsessive > compulsive disorder could be a ground for seeking divorce. "Is this illness > incurable? Show how will it affect your matrimonial prospects? What if her > illness is cured after divorce is granted?" asked the judge. > > http://timesofindia.indiatimes.com/city/bangalore/Wifes-illness-leads-man-to-seek-divorce/articleshow/9777329.cms > > -- > You received this message because you are subscribed to the Google > Groups "Mental Health Advocacy (Reform) India" group. > To post to this group, send email to [email protected] > To unsubscribe from this group, send email to > [email protected] > For more options, visit this group at > http://groups.google.com/group/MhaReformIndia?hl=en > ------------- > Affiliated Groups : MENTAL HEALTH ADVOCACY INDIA > [email protected] > Discussions on mental health law / policy / plan monitoring / human rights > etc > [email protected] > India-specific news and views related to mental health > [email protected] > Information and support to carers of people with mental health issues > [email protected] > Mutual support and sharing of experiential knowledge, skills and social > learning amongst peers > -- You received this message because you are subscribed to the Google Groups "Mental Health Advocacy (News 'N Views) India" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [email protected] For more options, visit this group at http://groups.google.com/group/MhaNewsViewsIndia?hl=en ------------- Affiliated Groups : MENTAL HEALTH ADVOCACY INDIA [email protected] Discussions on mental health law / policy / plan monitoring / human rights etc [email protected] India-specific news and views related to mental health [email protected] Information and support to carers of people with mental health issues [email protected] Mutual support and sharing of experiential knowledge, skills and social learning amongst peers
