Kerala High Court pulls up Child Rights Commission for ordering 'psychiatric treatment' of woman involved in custody dispute with husband

The Kerala High Court on Monday pulled up the Kerala State Commission for Protection of Child Rights for its decision to order psychiatric evaluation and treatment of a woman on an application by her husband, with whom she is involved in a custody battle for their two children [Balakrishnan v Deputy Inspector of Police & Ors.].

. A Division Bench of Justices K Vinod Chandran and C Jayachandran described the conduct of the Commission as appalling and said that the order passed by it was without jurisdiction.

" It is appalling that the Commission thought it fit to direct the District Child Protection Officer (DCPO), to submit a mental status report of the persons... The Commission, based on the report of the DCPO, directed psychiatric treatment to be given to the wife by an order dated June 17, 2021, which is totally without jurisdiction. We cannot also, at first blush, accept the further orders passed putting the DCPO in charge of the children and directing him to approach the Station House Officer for appropriate treatment to be given to the family without any mental status examination by a competent Doctor, " the Court said.

. The Court, therefore, suo motu impleaded the Commission as an additional respondent in the party array as it prima facie opined that the Commission had exceeded its jurisdiction.

. The interim order was issued on a plea filed by a man seeking a writ of habeas corpus, directing the production of his daughter and grandchildren.

The petition narrated a very distressing tale of marital discord, from the very inception of the marriage and the wife being evicted from the marital home after giving birth to two children. The mother and children moved to a rental accommodation but they allegedly continued to face harassment from the husband.

. The wife filed an application for divorce before the Family Court at Muvattupuzha and this seemingly provoked the husband who attempted to portray the wife as a mental patient before various forums.

The husband first approached the Judicial First Class Magistrate Court at Muvattupuzha, which saw no reason to send the wife for psychiatric treatment and rejected his application under the Mental Health Care Act of 2007.

He then approached the State Commission for Protection of Child Rights which found it fit to direct the District Child Protection Officer (DCPO), to submit a mental status report of the persons.

. The DCPO recommended that the welfare of the mother and children should be monitored, with the assistance of the husband.

The basis of its decision was that she is lean, has photographs of more than one religious faith in her house, wears five rudrakshas and cleans her house twice a day, etc.

. The Court noted that seemingly on the strength of this order, the husband, along with ten other persons, tresspassed into the rented residence of his wife and children and forcefully took them away.

. This is questionable as the husband was a lawyer and a temporary Judicial Magistrate who now works as a Section Officer in the Law Department.

Therefore, it is not as if he does not know the tone and purport of the order of the Commission, which, even if passed with jurisdiction, does not clothe him with the authority to take the children or admit his wife forcefully to a mental institution for psychiatric treatment, the Court said.

. The Court interacted with the petitioner, the mother and her children as well as the husband. It sought the views of a doctor who informed the Court that as of now, the mother does not seem to be suffering from any psychotic illness.

The Court, therefore, ordered that the mother and children be allowed to go with the petitioner.

" On an evaluation done by the Psychiatrist and also on our personal evaluation, we are of the opinion that the daughter of the petitioner and the children be allowed to go with the petitioner. The husband shall not interfere in their life and if any threat is caused to them, they can approach the jurisdictional Police, who shall immediately take action to avert any such threat, " the order stated.

. [Read Order]

Kerala High Court pulls up Child Rights Commission for ordering 'psychiatric treatment' of woman involved in custody dispute with husband

Giti Pratap

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