MUMBAI: Setting aside a lower court order that ascertained the mental health of a psychiatric patient based on a few questions, a sessions court has allowed a 35-year-old man’s plea to admit his wife to Thane Mental Hospital after it was found that she suffered from schizophrenia . The application seeking permission from a magistrate was moved under provisions of the Mental Health Act, which aims to protect the interests of mental health patients.While setting aside a magistrate court order dismissing the plea, the sessions court said that the magistrate should have relied on medical reports rather than asking the woman a few questions.“From the impugned order, it appears that in order to understand the capacity of the patient, the magistrate has asked her name, name of her husband, date of her marriage and about the kid. But this was not sufficient when there are two certificates of medical officers of the mental hospital. The impugned order, therefore, would not sustain in law and the same needs to be set aside,” said the sessions court.The husband moved the appeal before the sessions court after a magistrate dismissed his plea on June 15.In his plea, the man said that his wife was medically examined and treated at N M Mental Hospital, Thane, under the supervision of two doctors. He said that both the doctors advised him to admit his wife at the facility and also issued medical certificates to the effect that his wife was suffering from mental disorders. The husband said that hence, it had become necessary to get an order from the magistrate.The husband further contended that the woman displayed extremely aggressive behaviour and would get out of the house at night and assault random people. The husband said he had tried his best to provide the best treatment to his wife for the past six years. He further submitted that there was no progress in her mental health condition and it had only worsened over time.The sessions court, in its order, pointed out that the clinical examination of the woman by the two doctors showed that she was uncooperative, abusive, her speech and thought were irrelevant, and she had no social judgment or insight.After speaking to the woman in person, the sessions court said that when asked, she claimed to live in London and Paris. The court further stated that the woman suddenly left the courtroom and had to be brought back by her mother-in-law whom she referred to as a neighbour.“Thus, having regards to contentions of the appellant, medical certificates, the discharge summary of J J Hospital, and behaviour of the patient noted, I am of the opinion that the alleged mentally ill person needs to be admitted in the mental hospital for observation and treatment; the period is to be determined by the medical officer of the mental hospital,” said the sessions court.

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