Hello to the lawyers of this forum,
I had a few specific questions regarding a case of my friend and his marriage.
My friend has been married for about 4 years and the couple have a son (few months old). They belong to the same community. If relevant, they both have good educational qualifications and belong to middle class families. No dowry was given at the time of marriage. They have been living outside India (one of the European countries) immediately after their marriage.
The families of both sides started first to bicker on the issue of the expenses of the marriage, from the very first day after their marriage. The issue of the expense was raised by the girl's side. While it is unclear how much each side spent on the marriage. The girl's side claim they spent a fortune, which is untrue because the boy's side has proof they too did spend money on the marriage. Also, the expense of the marriage couldn't have been what the girl's side claim, as I personally witnessed the ceremony and was privy to personal exchanges of gifts on that occassion. Even a rough estimate of what the gril's side claim is untrue. Both the families blaming the other, and has reached to the point of character assualt. The quarrels has escalated to full blown cold war between the families.
During the first 3 years, the couple realised that they weren't compatible, but they have tried to work through their marriage. It wasn't easy, given that their personalities are poles apart. This has led to verbal and in some cases physical abuse. The details are too sketchy regarding the abuse from both sides. At the height of the emotional drama, my friend who is prone to anger couldn't control himself, and admits to the wrong doing of physical assault. He has realised the gravity of his actions and has taken active therapy regarding anger management with full support of his wife. His wife, who accusses him of eveything has convinced herself that a couple's counselling is unneccessary, and that he is the one completely at fault. My friend has brought up the topic of a couple's therapy time and again, but she hasn't shown any interest in it. During this time, they have lived separately for nearly a year, until they got back together.
The problems have increased exponentially after they had a child. My friend wanted to wait until they completely settled their foundational issues before having a child. He calims to have been manipulated into having a child by his wife, who herself was unsure at the time of deciding. His in-laws, who are now living with them, started interfering with the couple's daily affairs. His mother-in-law(MIL) and wife have a strong bond and both of them have been taunting and passing shallow remarks at my friend and on his family. This has led to emotional stress and break down of my friend, who has tried his best to try to solve matters. His wife is completely indifferent to him and supports her parents. And the parents support her arguments too.
My friend feels that he is being fleeced staying in this relationship. While the crux of most of the arguments is either he isn't good enough for their daughter or that marriage expenses haven't been split or that his family reneged on marriage expenses. On all accounts this is untrue or there are half truths. My friend has already told them he is ready to pay the marriage expense in whole and has even worked out the amount. But they aren't convinced, and expect him to pay what they claim the amount is. From their side they haven't shown any expense statement supporting their claim, the numbers just change as per their mood.
The events described has put a heavy toll on my friend's health, emotional stability and his ability to perform at work. He is searching for psychiatrists there to get an assessment of his situation.
1) Does a psychiatrist's evaluation have validity in our courts? If yes, then is there a body/council in which the psychiatrist has to be recognised?
2) IF proven by the psychiatrist (or psychiatrists) that if his wife/wife's family is indeed the problem then can he push for divorce and child custody?
Thanks in advance