Psychologist’s services should be made available in Family Court

MUMBAI, MARCH 28: Shocked at the suicide of a man unable to bear the stress of separation from his wife and the pending litigation, the Bo...

MUMBAI, MARCH 28: Shocked at the suicide of a man unable to bear the stress of separation from his wife and the pending litigation, the Bombay High Court recently directed that the services of a psychologist or a psychiatrist be made available at the Family Court itself.

The principal judge of the Family Court at Bandra has also been directed by a division bench of Justice A P Shah and Justice J A Patil to provide space to set up such as service and submit a compliance report within four weeks.

Following this, principal marraige counsellor of the Family Court, P D Gheewala, had told the court on March 22 that Dr Baans, head of the Department of Psychology, SNDT University, had agreed to offer her services, free to the Family Court where she or her assistants would visit the court twice a week. While accepting her suggestion, the high court observed that the university is the right institution to provide such services and added that it would be open to the SNDT University to take the help of other psychotherapits or experts if required.

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The psychiatrists’ reports, which will not be submitted to the court, will be kept strictly confidential and used only to help clients adjust to pending separation and for rehabilitation, the court has directed. Also, the psychiatrists are to accept cases referred to them only by the marraige counsellors or the court itself.

The high court also felt that such services should be made available at the pre-litigation stage as well so that marraiges could be saved and litigation avoided. Gheewala has been directed to file a report on this score, within two weeks.

The directions, which are expected to be welcomed, were made while the court was hearing an appeal by Atul Janani against his wife, Bhawani, on the issue of maintenance and matrimonial home. Even as the appeal came up for hearing before Justice Shah, he was told that the appellant-husband had committed suicide in early March, even though he had agreed to settle the matter in the high court.

Apparantly, Atul was under severe strain and in depression over the separation and had been absent throughout the hearings at the Family Court. An ex-parte decree however, had been passed by the Family Court where he was directed to pay Rs 2,000 as maintenance to his wife and certain directions were given on the matrimonial home as well. Apparantly Atul was not in a position to make the payment apart from being disturbed, when he opted to take his life.

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Observing that “matrimonial disputes tend to disturb the emotional equilibrium of spouses”, where delays in litigation may lead to a nervous breakdown and acute depression, the bench felt that the services of experts are essential in such cases and that that be made available in the Family Court premises.

The reports on the implementation of the high court’s orders are to be taken up for consideration on April 10.

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