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Can court direct for treatment of mother for safety of child (hindu)
07-Apr-2023 (In Family Law)
Wife has gone to in-laws after birth of baby and is now threatening that she will not allow me to her in-laws house to visit my son. Wife is very abusive , has mood disorders , which seems to be psychological disorders during which she yells, abuses and becomes violent. I tried to take her to psychologist/psychiatrist for consultation. But, The wife and her parents think she is alright and doesn’t require any psychological treatment. But, she fights with me over phone when I talk to her and yells and abuses , which also threatens my newborn son. 1). Can the court direct my wife for medical examination and for treatment for safety of child? 2).For that whether separate petition needs to be filed or the same can be covered under Restitution of Conjugal right (RCR) petition? 3). In worst case, Can I apply for custody of my children without divorce to protect my child on the ground that wife is having psychological diso
Sir
If she is not agreeing to see a psychiatrist you can try convincing her to go with to a marriage counsellor. Often women suffer from post partum depression & you could be supportive during this period. For forcing her for psychiatric treatment or admitting her , you need to apply for reception orders from the Civil Court & cannot be clubbed with Restitution of Conjugal Right Petition. Lastly yes you can file for Custody without Divorce citing the above mentioned reason .
If she is not agreeing to see a psychiatrist you can try convincing her to go with to a marriage counsellor. Often women suffer from post partum depression & you could be supportive during this period. For forcing her for psychiatric treatment or admitting her , you need to apply for reception orders from the Civil Court & cannot be clubbed with Restitution of Conjugal Right Petition. Lastly yes you can file for Custody without Divorce citing the above mentioned reason .
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Adv. Shalini Devi
Mumbai | 400+ Answers
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hello,
you need not file separate application apart from restitution of conjugal rights moreover you can mention these issues in the same petition. and no you cannot claim custody of your son as he is too young to be in your custody. however if she is so abusive and threatens you about your newborn for his well being you can approach police station and court of law under indian penal code
you need not file separate application apart from restitution of conjugal rights moreover you can mention these issues in the same petition. and no you cannot claim custody of your son as he is too young to be in your custody. however if she is so abusive and threatens you about your newborn for his well being you can approach police station and court of law under indian penal code
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