Wednesday, August 31, 2011

Can small mental disoder be a ground for divorce???

Dear Captain,
Pl. give me reference where u found info that pharmas claim that they can cure all mental illness.

I have not read such a thing.

Besides in psychological issues environment and counseling also plays great role. If environment does not change then there will be little improvement and so also in most cases counseling has to be combined.

Some mental health disorders can really be controlled and others have to be suppressed and some may be a life time issue.

Like in all other fields there are no one answer and one parameter. 

In this particular case OCD is not a very serious disorder ( I am going on below text) and hence I don't think divorce is rightly desired. There r no man or women perfect and on small disorder , ailments no divorce should be given. It is only grave situation like
murderous,nymphomania,etc etc ( playing with life, property )
should a divoce be given.

Alok 

--- In karmayog@yahoogroups.com, captainjohann wrote:
>
> Dear All,
> � � �the biggest lie of all is exposed here. CURED � and TREATED �are two different things is known to every Psychiatrist
> but they have to repeat this lie that " MENTAL ILLNESS IS CURABLE" Infact �the Multi national drug companies have a say in this lie. �They want to creat a myth that all mental illness are curable provided enough funding and enough psychiatrists are available and enough pills are available for pop ups.. Tell them a time frame to cure which may extend to lifelong to 20 years!!!!!
> � � Severe OCD can be dreadful and the welfare of child should have some priority while respecting the rights of
> the ill lady. The husband has shown patience and tolerance for ten years and he wants to move ahead.
> �
> "Greatness lies not in never falling but in rising everytime we fall"
> Captain Johann samuhanand,� BANGALORE� INDIA
> 91 80� 42023252���
> www.captainjohann.blogspot.com
> �
>
>
>
> >________________________________
> >From: anirudh kala
> >To: Vaishnavi Jayakumar
> >Cc: MHA digest ;
> >Sent: Monday, 29 August 2011 5:49 PM
> >Subject: Re: [MhaReformIndia:472] Wife's illness leads man to seek divorce
> >
> >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
> > 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
>

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